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Lattrell v. Chrysler Corp.

Texas Rule of Civil Procedure 166a(i) does not violate the open courts provision.

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OPINION

Tabitha Lattrell appeals from an order granting a no-evidence summary judgment in favor of DaimlerChrysler Corporation and Bonham Chrysler (together, “Chrysler”) in Lattrell’s personal injury suit alleging she was injured when an air bag in her car failed to deploy. *fn1 Lattrell contends the trial court erred in (1) failing to grant her Motion to Reconsider and for New Trial because the trial court was unaware of her response and affidavits opposing summary judgment; (2) granting summary judgment because she did not have adequate time to conduct discovery; and (3) granting summary judgment because her summary judgment response and affidavits raised fact issues precluding summary judgment. She also contends Tex. R. Civ. P. 166a, as written and applied, violates her rights under various provisions of the Texas Constitution.

On March 24, 1995, Lattrell was involved in an automobile collision. Almost two years after the collision, on March 3, 1997, Lattrell sued Chrysler Corporation and Bonham Chrysler. She alleged violations of the Texas Deceptive Trade Practices – Consumer Protection Act (DTPA) and design defect theories based on strict liability. On April 19, 1999, over two years after Lattrell filed her lawsuit and four years after the collision, Chrysler filed a No Evidence Motion for Summary Judgment, alleging that (1) Lattrell had not pleaded a legally viable cause of action under the DTPA, and (2) after an adequate time for discovery, Lattrell had no evidence of three elements of her design defect claim.

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