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Worker Fails to Prove Intentional Injuy Exception to Exclusivity

Wednesday, September 23, 2026 | 0

A Texas appellate court ruled that a worker injured in a motor vehicle accident failed to establish the intentional injury exception to exclusivity. Roberto Huerta worked for Swabco Inc. On Oct. 26, 2021, he and a co-worker, Rafael Mendoza, were traveling in a Swabco truck along Highway 181 when the truck veered off the road and crashed. Huerta alleged that before the accident, he “reported experiencing problems with the vehicle’s suspension to his supervisor — both orally and by text message — and expressed concern that continuing to use the vehicle in that cond...

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