[Download] "Douglas K. Edmunds v. Highrise" by Houston No. 01-86-0107-CV The First Court of Appeals of Texas * eBook PDF Kindle ePub Free

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• Title: Douglas K. Edmunds v. Highrise
• Author : Houston No. 01-86-0107-CV The First Court of Appeals of Texas
• Release Date : January 03, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

This is a personal injury action to recover damages for injuries suffered by an employee in the course and scope of his employment. The plaintiff, Douglas K. Edmunds, alleges that the accident was caused by the employer's gross negligence. The trial court entered a take-nothing summary judgment in favor of the defendant, Highrise, Inc., based on the restrictions imposed by Tex. Rev. Civ. Stat. Ann. art. 8306, sec. 3(a) (Vernon Supp. 1986), which provides that the employees of a subscriber, excluding those employees who do not waive their common law or statutory right of action, shall have no right of action against their employer for damages resulting from work-related personal injuries. The plaintiff first contends that he is unreasonably deprived of the equal protection of the law because Tex. Rev. Civ. Stat. Ann. art. 8306, sec. 5 (Vernon 1967) permits representatives of employees killed as a result of their employer's gross negligence to recover exemplary damages, while art. 8306, sec. 3(a) denies recovery to employees who are merely injured as a result of gross negligence. Thus, the plaintiff argues that art. 8306, sec. 3(a) violates the equal protection clause of Tex. Const. art. I, sec. 3.

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