Employer Gets Summary Dismissal of Exemplary Damages Claim for Grain Bin Worker's Death

A Texas appellate court upheld the summary dismissal of a claim for exemplary damages against an employer for a worker’s fatal grain bin accident. Michael Molden worked for Heartland Co-Op Corp. as a grain bin cleaner. In September 2021, Molden entered a running grain bin to recover a vacuum hose and was engulfed by corn, causing his death.  The mother of Molden’s child brought suit against Heartland, seeking exemplary damages pursuant to Texas Labor Code Section 408.001(b). Section 408.001(b) creates an exception to workers’ compensation exclusivity, allowing for exe...