Simmons v. Healthcare Centers of Texas, Inc.

Bobby Simmons, acting individually and as administrator for the estate of Jewel Simmons, and the estate of Jewel Simmons (collectively, Simmons) appeal the summary judgment granted in favor of Healthcare Centers of Texas, Inc. (H.C.T.). H.C.T. operates a nursing home where Jewel Simmons was a resident. Simmons sued H.C.T. and three other defendants alleging negligence and breach of contract regarding injuries Jewel Simmons sustained in a fall. H.C.T. answered and moved for summary judgment on the basis that the applicable statute of limitations had run. Simmons has nonsuited the other three defendants. After a hearing, the trial court granted H.C.T.’s Motion for Summary Judgment.

In his suit, Simmons alleged that Jewel Simmons was injured as the result of H.C.T.’s negligence when she fell from her wheelchair. The injury was alleged to have occurred on September 27, 1997, and she was alleged to have been mentally incompetent until her death on October 9, 1997. Simmons filed suit on December 27, 1999, two years and ninety-one days from the date of her injury, and two years and seventy-nine days from the date of her death.