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Burke v. Insurance Auto Auctions Corp.8/16/2005
Before Justices Morris, Lang, and Mazzant
Martha Burke, plaintiff below, appeals the trial court's final summary judgment dismissing her claims against Insurance Auto Auctions Corp. a/k/a Insurance Auto Auction. On appeal, Burke argues the trial court erred when it granted summary judgment in favor of IAA concluding, as a matter of law, she failed to file her claims for negligence, tortious interference with a contract, and fraud before the two-year statute of limitations expired.
In three issues, Burke contends the trial court used the incorrect accrual date for measuring whether the statute of limitations had run on her causes of action against IAA because: (1) the legal injury rule does not apply until all necessary elements of her cause of action are "realized"; and (2) the accrual date for her causes of action did not begin until the summary judgment in favor of General Motors Corporation was granted.
We decide Burke's three issues against her. The trial court's final summary judgment is affirmed.
I. FACTUAL AND PROCEDURAL BACKGROUND
Burke was involved in an automobile accident on September 7, 1999. When Burke's Chevrolet Geo Tracker was struck, the airbag failed to deploy. The impact caused Burke's vehicle to rotate and her head hit the unpadded B-Pillar resulting in a severe brain injury. Burke's attorney purchased her Tracker from USAA Insurance on November 12, 1999. The Tracker was stored by IAA in its immediate post-crash condition as evidence for Burke's product liability case. In August 2000, when Burke's attorney secured actual possession of the Tracker, these components were missing or displaced from their design positions: (1) the driver's A pillar trim and visor; (2) the driver's front and rear doors were removed and were missing; (3) the left B- pillar, including much of the door sills and roof rail, was missing; (4) the driver's seat was missing; (5) the 3-point restraint system was missing; (6) the left side grab handle was missing; and (7) the driver's SRS and SDM were missing. On September 28, 2000, Burke's attorney wrote to USAA complaining that the Tracker had been "cannibalized" and that portions of the vehicle were missing.
On July 5, 2001, Burke sued General Motors Corporation for product liability in the district court. The district court granted summary judgment in favor of General Motors dismissing Burke's suit on October 14, 2002. In its order, the district court concluded that General Motors' motion for summary judgment must be granted because the components or structures of the Tracker were missing or destroyed.
On October 21, 2002, Burke sued IAA in the county court, but she nonsuited on July 16, 2003. On July 18, 2003, Burke sued USAA and IAA in the county court alleging negligence, tortious interference with a contract, and conversion. In IAA's answer to Burke's lawsuit, it asserted the affirmative defense that Burke's claims were barred by the two-year statute of limitations.
IAA moved for traditional summary judgment seeking judgment, as a matter of law, on its affirmative defense claiming Burke failed to file her lawsuit within the two-year statute of limitations. Burke did not file a response to IAA's first motion for summary judgment. The trial court granted IAA's first motion for summary judgment dismissing Burke's claims for negligence, tortious interference with a contract, and conversion.
However, before the trial court ruled on IAA's first motion for summary judgment, Burke filed amended petitions, which added claims for breach of contract and fraud, and dismissed USAA from the lawsuit. As a result, IAA filed its second motion for summary jud
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