Children's Negligence Action Can Proceed Despite Mother's Barred Silica Claim, Appeals Court Rules

SAN ANTONIO - A state appeals court has affirmed dismissal of a woman's silica-related occupational disease claim on grounds that it is barred by the statute of limitation, but also held that summary judgment shouldn't have been granted in the wrongful death and gross negligence case filed by her surviving children. Zacharie v. U.S. Natural Resources, Inc., et al., No. 2001-CI-00863 (Texas App. Ct., 4th Dist.).

In an opinion issued Nov. 20, the Fourth District Texas Court of Appeals held that although Patricia Zacharie's lawsuit was filed one day before the two-year statute expired, Zacharie failed to diligently serve defendants …