HOUSTON - The 14th Court of Appeals has conditionally granted ExxonMobil mandamus relief from a trial court’s order denying the company summary judgment in an injury suit based on the workers’ compensation bar.
Jake Winters and Ashley Lowe, both Texas residents, filed suit to recover for personal injuries Winters allegedly received on March 6, 2022, while working at ExxonMobil’s facility in Baton Rouge.
Court records show Winters alleged that he suffered head, neck, back, brain, and other injuries from the unscheduled release of carbon dioxide into a vessel where he was working. He asserted claims under Texas common law for negligence, gross negligence, and premises liability.
Among other defenses, ExxonMobil asserted the exclusive-remedy defense under the Texas Workers’ Compensation Act. Based on the workers’ compensation bar, ExxonMobil moved for traditional summary judgment on Winters’s negligence and gross negligence claims.
After Winters amended the petition to add a claim for intentional torts, ExxonMobil filed a second amended motion for traditional and no-evidence summary judgment by which it sought summary judgment on all claims.
On the day of the incident, Winters was employed by a subcontractor, Brown & Root Industrial Services. ExxonMobil based its workers’ compensation bar defense on its assertion that it procured workers’ compensation insurance for Brown & Root employees, including Winters, court records state.
The trial court denied ExxonMobil’s second amended motion for summary judgment and its motion for reconsideration, leading the company to seek mandamus relief.
“In sum, the case before us is an extraordinary case where the benefits of granting mandamus relief from the erroneous denial of a motion for summary judgment far outweigh the detriments,” the opinion states. “Accordingly, ExxonMobil is entitled to mandamus relief. We conditionally grant the petition and order the trial court to vacate its order denying ExxonMobil’s second amended motion for traditional and no-evidence summary judgment and sign an order granting the motion and dismissing the claims against ExxonMobil.
“We are confident the trial court will comply, and the writ will issue only if it does not.”
Appeals case No. 14-25-00446-CV
