Statute of Limitation on Minor Children of a Decedent (Wrongful Death Claim)

In Texas Utilities Co. v. West, the Amarillo court reviewed a claim, rejected by the trial court, that wrongful death claims brought on behalf of the decedent's minor children more than two years after the date of death were barred by limitations. See Texas Utilities Co. v. West, 59 S.W.2d 459 (Tex. Civ. App.--Amarillo 1933, pet. ref'd). In that case, the deceased was killed on September 20, 1927. See id. at 460. Suit on behalf of the minor children of the deceased, and his wife and parents, was filed January 22, 1931. See id. The trial court sustained the defendant's contention that the claims brought by the surviving wife and parents of the deceased were barred by limitations, but held that limitations did not defeat the rights of the minor plaintiffs. See id. The Amarillo court observed that at the time the cause of action accrued to the minor plaintiffs, and at the time of trial, they were under the disability of minority and were not subject to the statutes of limitation. See id. The court, therefore, held the claims asserted by the minor children were correctly preserved by the trial court because their claims were not barred by limitations. See id. at 461.