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Wallace Dyall, an employee of Industrial Pipe and Plastic, Inc. (IPP), and his wife, Deanna Dyall, sued Simpson Pasadena Paper Company (Simpson) for negligence, gross negligence, and negligence per se after Wallace Dyall allegedly inhaled chlorine dioxide vapors while repairing a leaking pipe at Simpson's paper mill. Simpson filed for summary judgment, arguing immunity under Chapter 95 of the Texas Civil Practice and Remedies Code, as it exercised no control over the repairs. The trial court granted summary judgment for Simpson, which was affirmed by a divided panel on rehearing. On en banc rehearing, the court again affirmed the trial court's take-nothing summary judgment, finding no evidence of Simpson's control over the manner of work or actual knowledge of the danger as required by Chapter 95. The dissenting opinion argued the majority erred by expanding the scope of the motion, applying the wrong standard of review, and misinterpreting legislative history.
Wallace v. Simpson Pasadena Paper Co. 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).
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Wallace Dyall, an employee of Industrial Pipe and Plastic, Inc. (IPP), and his wife, Deanna Dyall, sued Simpson Pasadena Paper Company (Simpson) for negligence, gross negligence, and negligence per se after Wallace Dyall allegedly inhaled chlorine dioxide vapors while repairing a leaking pipe at Simpson's paper mill. Simpson filed for summary judgment, arguing immunity under Chapter 95 of the Texas Civil Practice and Remedies Code, as it exercised no control over the repairs. The trial court granted summary judgment for Simpson, which was affirmed by a divided panel on rehearing. On en banc rehearing, the court again affirmed the trial court's take-nothing summary judgment, finding no evidence of Simpson's control over the manner of work or actual knowledge of the danger as required by Chapter 95. The dissenting opinion argued the majority erred by expanding the scope of the motion, applying the wrong standard of review, and misinterpreting legislative history.
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