CompFox AI Summary
Homer Ross, a pipefitter, and his wife Marjorie, sued asbestos manufacturers after Homer developed an asbestos-related disease. They entered into a broad settlement and release agreement in 1993 with the Center for Claims Resolution, which included Homer's employer, Union Carbide Corporation. After Homer's death in 2001, Marjorie and their children filed suit against Union Carbide for exemplary and loss-of-consortium damages, arguing these were independent causes of action not covered by the prior release. The court affirmed the trial court's summary judgment in favor of Union Carbide, holding that the survivors' claims are derivative of Homer's rights and were encompassed by the comprehensive release. The court also explicitly overruled its prior decision in Perez v. Todd Shipyards Corp., clarifying that exemplary damage claims under the Texas Constitution and Workers' Compensation Act are asserted through the Wrongful Death Act.
Ross v. Union Carbide Corp. is a workers' compensation case decided in Texas Court of Appeals, 14th District (Houston). 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 Texas Court of Appeals, 14th District (Houston).
Full Decision Text1 Pages
Homer Ross, a pipefitter, and his wife Marjorie, sued asbestos manufacturers after Homer developed an asbestos-related disease. They entered into a broad settlement and release agreement in 1993 with the Center for Claims Resolution, which included Homer's employer, Union Carbide Corporation. After Homer's death in 2001, Marjorie and their children filed suit against Union Carbide for exemplary and loss-of-consortium damages, arguing these were independent causes of action not covered by the prior release. The court affirmed the trial court's summary judgment in favor of Union Carbide, holding that the survivors' claims are derivative of Homer's rights and were encompassed by the comprehensive release. The court also explicitly overruled its prior decision in Perez v. Todd Shipyards Corp., clarifying that exemplary damage claims under the Texas Constitution and Workers' Compensation Act are asserted through the Wrongful Death Act.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.