texasinjurylawyer-blog.com - Texas Injury Lawyer Blog — Published by East Texas Injury Attorney — Earl Drott Law

Description: Texas Injury Lawyer Blog — Published by East Texas Injury Attorney — Earl Drott Law

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How Texas courts interpret statutes has real consequences on the exercise of government power and the outcome of disputes. For example, a recent Texas car accident case , Sibel Onasis Ferrer v.  Madalena Elizabeth Almanza et al., No. 21-0513, illustrates the difference between a pragmatic common-law approach, which empowers courts to void statutes they view as obsolete, and a formal textualist approach, which adheres to the ordinary meaning of the words enacted and leaves updating to the legislative branch.

History of the Case

It is reported that the plaintiff was a passenger in a vehicle that was rear-ended by a vehicle driven by one of the defendants. The plaintiff suffered injuries in the crash and subsequently instituted a lawsuit against the defendants. Following discovery, the defendants moved for summary judgment, arguing that the statute of limitations barred the plaintiff’s claim.

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