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Irma Gutierrez sued Clearwater Constructors, Inc. for loss of consortium following the death of her husband, Juan Gutierrez, due to an on-the-job injury in Bexar County. Gutierrez alleged negligence, gross negligence, and breach of contract as a third-party beneficiary to a contract between Clearwater and the United States Army Corps of Engineers concerning safe construction practices. The trial court denied Clearwater's plea of privilege, establishing venue in Bexar County. On appeal, the court determined that the Worker’s Compensation Act precluded Gutierrez's negligence-based claims against the employer. Furthermore, it found that Gutierrez could not establish herself as an enforceable third-party beneficiary to the contract and that there was insufficient evidence of Clearwater maintaining an agency or representative with broad powers residing in Bexar County to satisfy venue requirements. Consequently, the trial court's judgment was reversed, and the case was remanded with directions to transfer the suit to Travis County.
Clearwater Constructors, Inc. v. Gutierrez 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
Irma Gutierrez sued Clearwater Constructors, Inc. for loss of consortium following the death of her husband, Juan Gutierrez, due to an on-the-job injury in Bexar County. Gutierrez alleged negligence, gross negligence, and breach of contract as a third-party beneficiary to a contract between Clearwater and the United States Army Corps of Engineers concerning safe construction practices. The trial court denied Clearwater's plea of privilege, establishing venue in Bexar County. On appeal, the court determined that the Worker’s Compensation Act precluded Gutierrez's negligence-based claims against the employer. Furthermore, it found that Gutierrez could not establish herself as an enforceable third-party beneficiary to the contract and that there was insufficient evidence of Clearwater maintaining an agency or representative with broad powers residing in Bexar County to satisfy venue requirements. Consequently, the trial court's judgment was reversed, and the case was remanded with directions to transfer the suit to Travis County.
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