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Clarence E. Castleberry, as administrator of his son Richard Ernest Castleberry's estate and individually, sued Goolsby Building Corporation for wrongful death, alleging gross negligence. The defendant successfully moved for summary judgment, asserting that the deceased was an employee, his death occurred during employment, and the company had a worker's compensation policy. On appeal, Castleberry argued that genuine issues of fact existed regarding the applicability of the Worker's Compensation Act and the defendant's liability outside the Act. The appellate court affirmed the trial court's decision, stating that Castleberry failed to raise a fact issue concerning the waiver of worker's compensation rights and that parents are not considered 'heirs of the body' to bring suit for exemplary damages under the relevant statute.
Castleberry v. Goolsby Building Corp. is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Clarence E. Castleberry, as administrator of his son Richard Ernest Castleberry's estate and individually, sued Goolsby Building Corporation for wrongful death, alleging gross negligence. The defendant successfully moved for summary judgment, asserting that the deceased was an employee, his death occurred during employment, and the company had a worker's compensation policy. On appeal, Castleberry argued that genuine issues of fact existed regarding the applicability of the Worker's Compensation Act and the defendant's liability outside the Act. The appellate court affirmed the trial court's decision, stating that Castleberry failed to raise a fact issue concerning the waiver of worker's compensation rights and that parents are not considered 'heirs of the body' to bring suit for exemplary damages under the relevant statute.
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