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Keywords

plaintiffdefendantdiscoverynegligencestatutemotionsummary judgmentstatute of limitationsmotion for summary judgment

plaintiffdefendantstatutemotionsummary judgmentstatute of limitationsmotion for summary judgment

Related Cases

Rodriguez v. Kroger Co., Not Reported in F.Supp.2d, 2008 WL 4491376

Facts

On November 14, 2007, Plaintiff Gregoria Rodriguez filed a complaint against Kroger, alleging negligence after she slipped and fell in one of its grocery stores, resulting in serious complications during her pregnancy. Rodriguez's husband, Carlos Aguilar, also filed a loss of consortium claim. The case was removed to federal court on diversity grounds, and Kroger moved for summary judgment based on the statute of limitations.

According to Plaintiffs, Rodriguez, who was pregnant at the time, slipped and fell as a result of water on the floor of the Kroger store.

Issue

Whether the Plaintiffs' claims are barred by the statute of limitations.

Rule

Under Texas law, a person must bring suit for personal injuries not later than two years after the day the cause of action accrues, which occurs when the injury happens.

Under Texas law, a person must bring suit for personal injuries 'not later than two years after the day the cause of action accrues.'

Analysis

The court determined that the Plaintiffs filed their complaint more than two years after Rodriguez's injury. The arguments presented by the Plaintiffs for applying the discovery rule were found insufficient, as the court concluded that Rodriguez's injuries were discoverable through reasonable diligence immediately after the incident. Therefore, the statute of limitations began to run at the time of the injury.

In the present case, Plaintiffs filed their complaint on November 14, 2007, more than two years after Rodriguez's injury.

Conclusion

The court granted Defendant's Motion for Summary Judgment, concluding that the Plaintiffs' claims were barred by the statute of limitations.

For the reasons stated above, the Court GRANTS Defendant's Motion for Summary Judgment.

Who won?

Defendant Kroger, Inc. prevailed because the court found that the Plaintiffs' claims were time-barred under the statute of limitations.

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