Court: Refinery Owner Entitled to Mandamus Relief Dismissing Worker's Claims for Injury

A Texas appellate court ruled that a refinery owner should have been granted summary judgment dismissing a worker’s claims over injuries from exposure to toxic fumes. Although Jake Winters introduced evidence that ExxonMobil Corp. knew about the potential risk of a flash fire inside a vessel used to process petroleum naphtha, he failed to demonstrate that the company believed he would suffer specific injuries, which is required to invoke the intentional tort exemption to exclusive remedy. Winters, a Texas resident, worked for Brown & Root Industrial Services. He allegedly suffered ...