TEXAS MUTUAL INSURANCE COMPANY v. TIMOTHY J. RUTTIGER (Concurring)
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IN THE SUPREME COURT OF TEXAS 444444444444 NO. 08-0751 444444444444 TEXAS MUTUAL INSURANCE COMPANY, PETITIONER, v. TIMOTHY J. RUTTIGER, RESPONDENT 4444444444444444444444444444444444444444444444444444 ON PETITION FOR REVIEW FROM THE COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS 4444444444444444444444444444444444444444444444444444 JUSTICE WILLETT, joined by JUSTICE GUZMAN, concurring. I join all but Part V of the Court s opinion, which addresses whether the Texas Workers Compensation Act precludes Ruttiger s common-law good faith and fair dealing claim. On this point, the Court is divided 4-3-2. JUSTICE JOHNSON (joined by three colleagues) contends the TWCA s comprehensive regime removes any basis for allowing Aranda-type suits.1 CHIEF JUSTICE JEFFERSON (joined by two colleagues) responds that such suits are limited but not abrogated, noting the TWCA (1) eliminates certain bad-faith claims, meaning others survive, and (2) limits exemplary damages in good faith and fair dealing suits specifically, meaning other damages remain 1 __ S.W.3d at __. recoverable.2 My view (shared by JUSTICE GUZMAN) is decidedly agnostic: As the court of appeals never addressed this issue,3 I would remand it rather than resolve it. _______________________________________ Don R. Willett Justice OPINION DELIVERED: August 26, 2011 2 __ S.W.3d at __ (Jefferson, C.J., dissenting). 3 265 S.W.3d 651, 667 n.22 (not reaching the issue given the affirmance of Insurance Code liability). 2
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