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Austin Nursing Center5/13/2005
Argued November 10, 2004
JUSTICE JOHNSON did not participate in the decision.
On behalf of her deceased mother, Pauline Wilson Lovato filed a survival action against Guadalupe Zamora, M.D., Austin Nursing Center, Inc., and related entities and individuals (collectively "Austin Nursing Center"). In her original petition, filed within the statute of limitations, Lovato asserted that she was the personal representative of her mother's estate. In actuality, Lovato was not appointed independent administrator until after the statute of limitations on the survival action expired. Austin Nursing Center moved for summary judgment, arguing that Lovato lacked standing to bring the survival action at the time the case was filed, and the trial court granted the motion. The court of appeals reversed, holding that Lovato's later-acquired status as the estate's personal representative gave her standing, which related back to the time of the lawsuit's original filing.
We hold that the standing doctrine's requirements were satisfied and that the trial court had jurisdiction to hear the case. We further hold that although Lovato may have lacked capacity to bring the survival action at the time the lawsuit was filed, any defect in her capacity was later cured by her appointment as the estate's administrator. Accordingly, we affirm the court of appeals' judgment.
I. Background
Ninety-two-year-old Margarita Torres Wilson allegedly developed pressure ulcers while a resident at Austin Nursing Center from May to June 1998. She was discharged from the center in June and transferred to another care facility. Wilson died on August 18, 1998.
On January 27, 2000, before limitations expired, Lovato filed this survival action on behalf of her mother's estate pursuant to the survival statute, which provides that " personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person." TEX. CIV. PRAC. & REM. CODE§ 71.021(b). Lovato alleged that she was the "Personal Representative" of Wilson's estate, but also that "no administrator [of the estate] ha been appointed." Lovato asserted that Austin Nursing Center's medical negligence harmed Wilson, resulting in physical pain and impairment, mental anguish, medical expenses, and disfigurement.
Two months after she brought the survival action, Lovato filed an application for independent administration of Wilson's estate in the probate court, asking that she be appointed administrator of the estate and alleging that her mother died intestate, had no real property, and had personal property valued at less than $2,000. The probate court appointed Lovato administrator nearly two years later, on May 9, 2002, after the statute of limitations on the survival action had expired.
On April 22, 2002, Austin Nursing Center moved for summary judgment, arguing that because Lovato did not prove she was an heir or the estate's personal representative, she lacked standing to bring the survival claim, depriving the trial court of subject matter jurisdiction. Austin Nursing Center argued alternatively that the survival claim was barred by limitations because a party with standing did not timely assert it.
Lovato filed her fourth amended petition and her first supplemental petition on May 20, 2002. In these petitions, Lovato alleged that she was the "Independent Administratrix" of her mother's estate. Lovato then responded to Austin Nursing Center's motion for summary judgment, arguing that her fourth amended petition related back; that she fulfilled the purpose and intent of the statute of limitations by notifying the defendants of the survival cla
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