Ferrer v. Guevara, 192 S.W.3d 39 (Tex. App.—El Paso 2005), rev'd by, 247 S.W.3d 662 (Tex. 2007).
Daughter brought a survival action to recover medical expenses and other
damages incurred by her Father prior to his death which were allegedly
caused by a car accident. The defendant appealed claiming that Daughter
lacked standing to bring the survival action.
The appellate court held that Daughter had standing for two distinct
reasons. First, Daughter received an assignment of all Father’s rights
arising out of the car accident. Second, as Father’s heir, Daughter had
standing because she proved that no administration hearing on Father’s
estate was pending and that an administration was not necessary.
Moral: An heir may bring a survival action if (1) an administration of
the decedent’s estate is not pending and (2) no administration is
necessary.