A few weeks ago I wrote about an opinion issued by the Fort Worth Court of Appeals, wherein that court held that Civil Practice and Remedies Code Section 33.004(e) applied to a statute of repose to revive the claims against a responsible third party. Click here for that discussion. I questioned whether Section 33.004(e)’s
I’ve wanted to write something about Boenig v. Starnair, Inc. since I first read it because I believe the analysis is incorrect.
This case involves the intersection of the responsible third party statute and a statute of repose.
Boenig sued contractor Pulte in November 2005 for injuries she allegedly sustained when she fell through the attic floor of a home Pulte built. On July 19, 2007, Pulte filed a motion for leave to designate Starnair as a responsible third party. Starnair was a subcontractor that performed the heating, ventilation, and air conditioning installation in the home. On August 23, 2007, Boenig filed her fourth amended petition in which she joined Starnair as a defendant.
Starnair moved for summary judgment in reliance upon the ten-year statute of repose set out in Civil Practice and Remedies Code Section 16.009. The trial court granted the motion and Boenig appealed.…