Court Overturns Summary Judgment Denying Exclusivity Defense

A Texas appellate court ruled that an employer should not have been denied the ability to assert an exclusive remedy defense to a worker’s personal injury claim, as a matter of law. Case: Berry Contracting v. Mann, No. 13-17-00063-CV, 04/26/2018, published. Facts and procedural history: Gernal Randolph Mann worked for Bay Ltd. as a foreman at a Valero refinery on Up River Road in Corpus Christi.  On Oct. 8, 2015, Mann clocked into work at 6:45 a.m. Approximately three minutes later, he walked across Up River Road, and he was struck by a vehicle being driven by Juan Tomas Hernande...