Russell v. Ingersoll-Rand Co.
841 S.W.2d 343 (Tex. 1992)
61 USLW 2265 Prod. Liab. Rep. (CHH) pg. 13,345

This case established Texas law regarding the commencement of the Statute of Limitation in a Wrongful Death case. Russell brought suit for developing silicosis. More than two years after he brought his original suit Russell died. Plaintiff’s attorney amended the original petition adding a wrongful death allegation and adding several new parties, including Ingersoll-Rand Company. The Supreme Court of Texas ruled that the statute of limitations (two years in tort) in Wrongful Death cases in Texas begins to run on the date of the injury, not upon the death of the claimant as alleged by plaintiffs. This ruling resulted in the Supreme Court sustaining Ingersoll-Rand Company’s and other defendants’ Summary Judgment as to plaintiff’s claims. Thomas B. Taylor represented defendant, Ingersoll-Rand Company.