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Business Owner Can Assert Exclusive Remedy Defense

Monday, May 20, 2019 | 0

A Texas appellate court ruled that the owner of a gas cylinder exchange facility was entitled to assert exclusive remedy as an affirmative defense to tort claims. Case: AmeriGas Propane v. Aboytes-Muñiz, No. 09-18-00122-CV, 05/16/2019, published. Facts: AmeriGas Propane L.P. owns a cylinder exchange facility in Conroe. There was a gas leak and fire at the site in November 2012. Employees Roberto Cabrera, Jose Francisco Aboytes-Muñiz, Andy Medina-Cardenas and Bernabe Bustillo Rivera suffered injuries. Procedural history: Cabrera filed suit against AmeriGas Propane L.P. Abo...

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