A Texas appeals court on Tuesday ruled that the workers compensation exclusive-remedy bar blocked an injured worker’s lawsuit against his employer over a company truck crash.
In Huerta v. Swabco Inc., the Court of Appeals for the Eighth District of Texas upheld summary judgment for Swabco Inc., holding that Roberto Huerta failed to show the company was substantially certain he would be injured.
Mr. Huerta sued Swabco in June 2022 after he and a coworker were injured in October 2021 when a Swabco truck veered off a highway. He alleged he had reported suspension and steering problems and that Swabco knew continued use of the truck was substantially certain to cause injury.
Swabco moved for no-evidence summary judgment, arguing Mr. Huerta had no evidence the company specifically intended to injure him. The trial court granted the motion.
The appeals court, in affirming, found the motion was proper because intent to injure was an exception to the comp exclusive-remedy defense and an element Mr. Huerta had to prove.
The court said evidence that Swabco knew of complaints about the truck could support allegations of negligence or recklessness, but not that an accident and injury were substantially certain. The court noted the truck had been serviced 20 days before the accident, maintenance records did not show serious defects, and Mr. Huerta testified that he believed Swabco was negligent and did not intentionally try to harm him.
The court also said Mr. Huerta waived his spoliation argument because he did not ask the trial court to make a spoliation finding or adequately brief the issue on appeal.