Texas Appeals Court Upholds Dismissal of Foot Screw Case as Time-Barred

FORT WORTH, Texas — A Texas appellate court has upheld dismissal of a lawsuit accusing Biopro Inc. of manufacturing defective foot screws, ruling the claims are time-barred because the plaintiff knew by September 2020 that the screws she received were broken, yet waited more than two years to file suit.

In a June 20 opinion, the Texas Court of Appeals, 2nd District, found the plaintiff, through the exercise of reasonable diligence, should have discovered the broken screws at the latest by Sept. 16, 2020, when Dr. Peters took X-rays showing the broken screws.

Monique Kusman suffered from pain caused by …