Mo-Vac Service Co., Inc. (Opinion)Annotate this Case
The Supreme Court reversed the judgment of the court of appeals on Plaintiff's survival action and rendered judgment for Defendant, holding that Plaintiff's claims were barred by the exclusive-remedy provision of the Texas Workers' Compensation Act because her evidence did not raise a fact issue under the intentional-injury exception to the Act's exclusive remedy.
Plaintiff's husband, an employee of Defendant, a trucking and warehousing company, died when his rig ran off the highway and rolled over. Plaintiff filed suit, arguing that her husband fell asleep at the wheel due to the fatigue of being overworked. At issue was whether there was any evidence that Defendant believed the accident was substantially certain to result from Plaintiff's being overworked. The trial court granted summary judgment for Defendant. The court of appeals reversed. The Supreme Court reversed, holding that Plaintiff failed to raise a fact issue on the applicability of the intentional-injury exception to the exclusive-remedy provision of the Act.