Shepherd v. Ledford
| Decision Date | 13 March 1998 |
| Docket Number | 96-1243,Nos. 96-0994,s. 96-0994 |
| Citation | 962 S.W.2d 28 |
| Parties | 41 Tex. Sup. Ct. J. 333 Richard L. SHEPHERD, M.D., and Allan Graham, M.D., Petitioners, v. Lahoma LEDFORD, Respondent. TRANSAMERICAN NATURAL GAS CORPORATION, Southwest Texas Services, Inc., L.T.V. Energy Products d/b/a Wilson Manufacturing, Continental Emsco Company d/b/a Wilson Manufacturing, Wilson-Wichita, Inc. d/b/a Wilson Manufacturing, and Dana Corporation d/b/a Wilson Manufacturing, Petitioners, v. Nancy Rodriguez FUENTES, Respondent. |
| Court | Texas Supreme Court |
Anthony M. Kuehler, Jennifer M. Andrews, Joseph M. Gallagher, Fort Worth, for Petitioners in No. 96-0994.
David G. McCracken, Allister M. Waldrop, Dallas, Macey Reasoner Stokes, Houston, Michael V. Powell, Dallas, Allan R. King, Corpus Christi, Robert H. Etnyre, Houston, for Petitioners in No. 96-1243.
Margaret I. Henning, Janis M. Calos, William A. Newman, Bruce A. Pauley, Dallas, for Respondent in No. 96-0994.
James K. Jones, Jr., Laredo, Alicia C. Finley-Richter, San Antonio, Arnulfo Gonzalez, Jr., Laredo, for Respondent in No. 96-1243.
BAKER, Justice, delivered the opinion of the Court, in which GONZALEZ, ENOCH, SPECTOR and ABBOTT, Justices, join.
In these two cases we consider whether former Family Code section 1.91(b) 1 conflicts with Medical Liability and Insurance Improvement Act ("MLIIA") section 10.01 or Texas Civil Practice and Remedies Code section 16.003. We hold that section 1.91(b), as it existed before the 1995 amendment, does not conflict with either section 10.01 of the MLIIA or section 16.003 of the Texas Civil Practice and Remedies Code. Accordingly, we affirm the court of appeals' judgment in Shepherd v. Ledford, 2 and reverse the court of appeals' judgment in Transamerican v. Fuentes.
Shepherd v. Ledford involves a wrongful death and survival claim for medical malpractice. Lahoma Ledford sued Drs. Richard Shepherd and Allan Graham for the wrongful death of her alleged common-law husband, John Ledford. The medical malpractice action resulted from the doctors' treatment of Mr. Ledford for a heart condition. The jury found for Mrs. Ledford on both causes of action. The trial court rendered judgment on the verdict on the wrongful death claim. However, the trial court partially granted the defendants' motion for judgment notwithstanding the verdict on the survival claim.
Affirming the trial court in part, the court of appeals held that section 1.91(b) did not bar Mrs. Ledford's cause of action. The court reasoned that section 1.91(b) conflicted with the medical malpractice two-year statute of limitations for wrongful death in section 10.01 of the MLIIA. The court then determined that section 10.01 supplanted section 1.91(b) of the Family Code and held that Mrs. Ledford had two years to bring a wrongful death action as the decedent's wife. Additionally, the court of appeals reversed the trial court's judgment notwithstanding the verdict on the survival claim. The court of appeals determined that Mrs. Ledford did have standing to assert the survival action on behalf of Mr. Ledford's estate. However, the court of appeals reversed and remanded the case for a new trial because the district judge did not disqualify a biased juror. 926 S.W.2d 405.
Transamerican v. Fuentes involves a wrongful death claim for ordinary negligence. On October 15, 1993, Nancy Rodriguez Fuentes filed this wrongful death action as Julio Fuentes's alleged common-law spouse. Mr. Fuentes was killed in a drilling rig accident on October 16, 1991. The trial court granted the defendants' motion for summary judgment, and Mrs. Fuentes appealed. The court of appeals reversed the summary judgment and remanded the case for trial, holding that Mrs. Fuentes had two years to bring a wrongful death action as Mr. Fuentes's common-law wife. 933 S.W.2d 624.
When Mrs. Ledford and Mrs. Fuentes filed suit, section 1.91 provided that:
(a) In any judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that:
(1) a declaration of their marriage has been executed under Section 1.92 of this code; or
(2) they agreed to be married, and after the agreement they lived together in this state as husband and wife, and they represented to others that they were married.
(b) A proceeding in which a marriage is to be proved under this section must be commenced not later than one year after the date on which the relationship ended or not later than one year after September 1, 1989, whichever is later.
Legislative history shows that section 1.91(b)'s one year time limit was a compromise alternative to completely abrogating common-law marriages in Texas. See Russell v. Russell, 865 S.W.2d 929, 932 (Tex.1993). The Texas Legislature has had a long history of "grudging" tolerance of common-law marriages. See Russell, 865 S.W.2d at 931. Thus, the Legislature intended for section 1.91(b) to strictly limit parties' ability to prove a common law marriage. See Riley v. State, 849 S.W.2d 901, 903 (Tex. App--Austin 1993, pet. ref'd).
The MLIIA provides: "Notwithstanding any other law, no health care liability claim may be commenced unless the action is filed within two years from the occurrence...." TEX.REV.CIV. STAT. art. 4590i, § 10.01. Section 10.01 is the exclusive statute of limitations for medical malpractice claims. See Bala v. Maxwell, 909 S.W.2d 889, 892-93 (Tex.1995). In Bala, the Court concluded that the phrase "notwithstanding any other law" clearly evinced the Legislature's unequivocal intent that section 10.01 govern when its time limitations conflicts with another law. See Bala, 909 S.W.2d at 892-93.
An action to recover damages for wrongful death is for the exclusive benefit of the deceased's surviving spouse, children, and parents. See TEX. CIV. PRAC. & REM.CODE § 71.004(a); see also Rose v. Doctors Hosp., 801 S.W.2d 841, 846 (Tex.1990); Garza v. Maverick Mkt., Inc., 768 S.W.2d 273, 276 (Tex.1989); Brown v. Edwards Transfer Co., 764 S.W.2d 220, 222 (Tex.1988). Furthermore, to bring suit under the Wrongful Death Act, a party is required to prove that he or she was the deceased's spouse, child, or parent. See TEX. CIV. PRAC. & REM.CODE § 71.004(a); See also Garza, 768 S.W.2d at 275-76; Brown, 764 S.W.2d at 220.
The Survival Statute provides that only a personal representative, administrator, or heir may sue on behalf of an estate. See TEX. CIV. PRAC. & REM.CODE § 71.021(b). A person who dies intestate with no children leaves all of his or her estate to his or her spouse as sole heir. See Tex. PROB.CODE §§ 37, 38(b)(2). The Wrongful Death Act expressly authorizes the surviving spouse to bring suit on behalf of all wrongful death beneficiaries. However, the Survival Statute is silent about whether and when a spouse may bring a survival claim. Compare TEX. CIV. PRAC. & REM.CODE § 71.004(b) with TEX. CIV. PRAC. & REM.CODE § 71.021(b).
This Court has determined that generally, personal representatives of the decedent's estate are the only people entitled to sue to recover estate property. See Frazier v. Wynn, 472 S.W.2d 750, 752 (Tex.1971). However, circumstances can exist when an heir may have standing to bring suit on behalf of the decedent's estate. Heirs at law can maintain a survival suit during the four-year period the law allows for instituting administration proceedings if they allege and prove that there is no administration pending and none necessary. See Frazier, 472 S.W.2d at 752.
A family settlement agreement is an alternative method of administration in Texas that is a favorite of the law. See In re Estate of Hodges, 725 S.W.2d 265, 267 (Tex.App.--Amarillo 1986, writ ref'd n.r.e.); Estate of Morris, 577 S.W.2d 748, 755-56 (Tex.Civ.App.--Amarillo 1979, writ ref'd n.r.e.) Under section 37 of the Probate Code, when a person dies leaving a will, all of the estate devised or bequeathed by the will immediately vests in the devisees or legatees, subject to payment of the decedent's debts. The beneficiaries of an estate are free to arrange among themselves for the distribution of the estate and for the payment of expenses from that estate. See TEX. PROB.CODE § 37; see also Pitner v. United States, 388 F.2d 651, 656 (5th Cir.1967); Estate of Hodges, 725 S.W.2d at 267.
Section 37 also provides that when a person dies intestate, all of his estate shall vest immediately in his heirs at law, subject to payment of the debts of the estate. See TEX. PROB.CODE § 37. If the deceased has no children or their descendants, the surviving spouse is entitled to all of the personal estate. See TEX. PROB.CODE § 38(b)(2).
Because Mrs. Ledford alleged a common-law marriage, as opposed to a formal marriage, she was required to prove the elements of an informal marriage within one year from the time the relationship ended. See TEX. FAM.CODE § 1.91(b). The apparent conflict arises, however, because the statute of limitations for medical negligence is two years. See TEX.REV.CIV. STAT. art. 4590i, § 10.01; Bala, 909 S.W.2d at 893.
Affirming the trial court's judgment, the court of appeals held that section 1.91(b) impermissibly reduced the time Mrs. Ledford had to file her wrongful death suit. The court reasoned that because section 1.91(b) required her to file the wrongful death lawsuit within one year of Mr. Ledford's death and the limitations for a medical malpractice wrongful death claim is two years under section 10.01, section 1.91(b) necessarily conflicted with section 10.01. We disagree.
We hold that section 1.91(b) of the Family Code does not conflict with section 10.01 of the MLIIA. When the one-year time period in section 1.91(b) expires, the party...
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