HOUSTON - The First Court of Appeals has reversed a ruling denying Turner Specialty Services’ motion to compel arbitration in a wrongful death case.
Following the death of Justin Horn, Michaela Horn filed suit, naming TSS as a defendant. Justin died while in the course and scope of his employment with TSS in Alabama.
TSS provides turnaround maintenance services at refineries and petrochemical facilities in states along the Gulf of Mexico, including Alabama, Mississippi, Louisiana, and Texas. Justin was a TSS employee, who at the time of hire, entered into a Dispute Resolution Agreement, which included an arbitration agreement.
Court records show TSS moved for arbitration, asserting that it was a subscriber to worker’s compensation insurance and the Horn defendants received benefits as a result of Justin’s death.
Furthermore, TSS asserted that the company and Justin had entered into a valid arbitration agreement and the Horns’ gross negligence claim against TSS fell under the arbitration agreement.
The trial court denied the motion and TSS appealed, arguing that the trial court abused its discretion because the Horns’ claims are subject to the arbitration agreement between TSS and Justin, and that TSS did not waive its right to arbitrate.
The First Court concluded TSS did not “substantially” invoke the judicial process before moving to compel arbitration and held that the trial court erred by denying the motion.
“We sustain TSS’s sole issue,” the opinion states. “We reverse the trial court’s order denying TSS’s motion to compel arbitration and remand to the trial court with instructions to grant TSS’s motion to compel arbitration and for further proceedings consistent with this opinion.”
TSS is represented by Sean M. Higgins and Walter Gallant, attorneys for the Houston law firm of Lewis Brisbois Bisgaard & Smith.
The Horn family is represented by Zehl & Associates attorneys Ryan Zehl, Matthew O. Greenberg and Zachary P. McFarlane, as well as attorneys Parth Gejji, Russell Post and Kelsey Eyanson of Beck Redden.
Appeals case No. 01-24-00097-CV
