Rodney Draughon v. Joycie Johnson
631 S.W.3d 81
Tex.2021Background
- Rodney Draughon sued in 2018 alleging a 2006 deed to Joycie Johnson was voidable because he lacked mental capacity; 11 years had elapsed before suit.
- Johnson moved for traditional summary judgment on statute-of-limitations grounds and attached the 2006 deed as evidence that the four-year limitations period had expired.
- The trial court struck Draughon’s responsive evidence as conclusory and granted summary judgment; the court of appeals affirmed, holding Draughon failed to produce evidence of unsound mind to create a fact issue.
- Justice Bland’s dissent argues the presumption of sound mind and Texas tolling law (unsound-mind tolling, Tex. Civ. Prac. & Rem. Code § 16.001) require the plaintiff, not the defendant, to produce some evidence of unsound mind once the defendant shows limitations ran.
- The dissent distinguishes tolling doctrines that suspend limitations (e.g., unsound mind, fraudulent concealment, diligence in service) from doctrines that defer accrual (the discovery rule, Hughes tolling), arguing the latter shift the accrual inquiry and thus the burden on the defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held (dissent) |
|---|---|---|---|
| Must a plaintiff produce evidence of unsound mind to defeat a traditional SJ after a defendant proves limitations expired? | Draughon: unsound-mind tolling excuses late suit; defendant must negate tolling. | Johnson: limitations barred; plaintiff bears burden to prove tolling (unsound mind). | Plaintiff must produce some competent evidence of unsound mind to raise a fact issue once defendant shows accrual and period. |
| Does unsound-mind tolling affect the accrual date (requiring defendant to negate it)? | Tolling should be negated by defendant like discovery-rule exceptions. | Tolling does not change accrual; it suspends running after accrual. | Unsound-mind tolling does not alter accrual date; accrual remains defendant’s element and plaintiff must show tolling. |
| Is unsound-mind tolling analogous to the discovery rule (so defendant must negate it)? | Some courts/majority treat unsound mind like discovery rule and put burden on defendant. | Unsound-mind tolling is different: it suspends running rather than deferring accrual. | Discovery rule is distinct because it delays accrual; unsound-mind tolling should not be treated the same. |
| May a defendant obtain relief only by filing a no-evidence SJ when plaintiff pleads tolling but offers no evidence? | Majority: defendant must conclusively negate tolling or use other procedural device. | Dissent: traditional SJ showing accrual suffices; forcing no-evidence SJ is costly and unnecessary. | Traditional SJ is appropriate; plaintiff must present evidence of tolling or summary judgment should be entered. |
Key Cases Cited
- Swink v. City of Dallas, 36 S.W.2d 222 (Tex. Comm'n App. 1931) (establishes presumption of mental capacity; plaintiff must produce evidence to overcome).
- Am. Petrofina, Inc. v. Allen, 887 S.W.2d 829 (Tex. 1994) (pleadings alone are not summary-judgment proof; nonmovant must produce evidence).
- Schlumberger Tech. Corp. v. Pasko, 544 S.W.3d 830 (Tex. 2018) (defendant must conclusively establish when a claim accrued to win on limitations).
- Zale Corp. v. Rosenbaum, 520 S.W.2d 889 (Tex. 1975) (distinguishes defenses that challenge accrual from confession-and-avoidance tolling defenses).
- Proulx v. Wells, 235 S.W.3d 213 (Tex. 2007) (plaintiff must present evidence of diligence in service to avoid summary judgment).
- Hughes v. Mahaney & Higgins, 821 S.W.2d 154 (Tex. 1991) (Hughes tolling may defer accrual of malpractice claims tied to underlying suit outcome).
- Erikson v. Renda, 590 S.W.3d 557 (Tex. 2019) (addressed Hughes tolling and made general statements about tolling burdens; court held Hughes inapplicable in that case).
- KPMG Peat Marwick v. Harrison Cnty. Hous. Fin. Corp., 988 S.W.2d 746 (Tex. 1999) (party asserting fraudulent concealment must produce evidence to raise fact issue at summary judgment).