CompFox AI Summary
The Pochuchas purchased a home in 2003 with a defective french drain system installed in 1995. They initially sued the builder, Bill Cox, in 2005. Bill Cox then designated Galbraith Engineering Consultants, Inc., the system designer, as a responsible third party. The Pochuchas subsequently joined Galbraith as a defendant. Galbraith moved for summary judgment, arguing a ten-year statute of repose barred the claim. The trial court granted summary judgment, but the appellate court reversed, holding that Civil Practice and Remedies Code section 33.004(e) provides a sixty-day extension for joining responsible third parties, which applies to statutes of repose.
Pochucha v. Galbraith Engineering Consultants, Inc. is a workers' compensation case decided in Texas Court of Appeals, 4th District (San Antonio). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 4th District (San Antonio).
Full Decision Text1 Pages
The Pochuchas purchased a home in 2003 with a defective french drain system installed in 1995. They initially sued the builder, Bill Cox, in 2005. Bill Cox then designated Galbraith Engineering Consultants, Inc., the system designer, as a responsible third party. The Pochuchas subsequently joined Galbraith as a defendant. Galbraith moved for summary judgment, arguing a ten-year statute of repose barred the claim. The trial court granted summary judgment, but the appellate court reversed, holding that Civil Practice and Remedies Code section 33.004(e) provides a sixty-day extension for joining responsible third parties, which applies to statutes of repose.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.