The Texas Court of Appeals has upheld a lower court's summary judgment in favor of Select Dedicated Solutions, LLC, in a personal injury case involving Joey Kirkland. The court ruled that Kirkland failed to exercise due diligence in serving Select after filing his lawsuit, which ultimately led to the dismissal of his claims. This decision emphasizes the importance of timely service in legal proceedings.

The case, Joey Kirkland v. Select Dedicated Solutions, LLC, was filed in the Texas Court of Appeals, 4th District (San Antonio) under docket number 04-25-00543-CV. The ruling was delivered on June 3, 2026, by Chief Justice Rebeca C. Martinez, alongside Justices Lori Massey Brissette and Velia J. Meza.

Background

The dispute began with a car accident that occurred on February 14, 2021. Kirkland claimed he sustained damages from a collision involving his vehicle and one owned by Select, driven by an employee of the company. Kirkland filed his lawsuit on February 3, 2023, seeking compensation for his injuries.

Although Kirkland filed his lawsuit within the two-year statute of limitations for personal injury claims, he did not serve Select until April 24, 2023, which was 69 days after the limitations period had expired. The delay in service was attributed to several factors, including a failure to pay necessary fees and a family emergency affecting Kirkland's attorney, Ryan A. DeHoyos.

The Ruling

The court ruled that Kirkland's claims were properly dismissed based on the limitations defense raised by Select. The court noted that Kirkland's explanation for the delay in service did not demonstrate the diligence required to effectuate timely service. Chief Justice Martinez stated, "Kirkland's explanation does not involve continuous diligence in attempting to effectuate service, and he has failed to raise a fact issue regarding diligence."

In the ruling, the court highlighted that Kirkland's attorney did not inquire about the status of service during the periods of delay. The court found that the delays were not justified and that Kirkland had not provided sufficient evidence to show he acted as an ordinarily prudent person would have under similar circumstances.

Impact

This ruling serves as a reminder of the critical importance of timely service in legal proceedings. It emphasizes that even if a lawsuit is filed within the statute of limitations, failure to serve the defendant promptly can lead to dismissal of the case. This decision could impact future personal injury cases in Texas, as plaintiffs must ensure they take all necessary steps to effectuate service as soon as possible.

The ruling also clarifies that explanations for delays must demonstrate due diligence. In this case, the court found that Kirkland's reasons for the delay were insufficient to establish that he acted diligently in pursuing service. As a result, this case may set a precedent for how courts evaluate diligence in similar situations.

What's Next

Details were not available in the court filing regarding whether Kirkland plans to appeal the decision or if there are any related cases pending. However, given the ruling, Kirkland may face challenges in pursuing further legal action against Select Dedicated Solutions, LLC.