Article ID: 71da7e1b3f121d69017f9958f8a8d5b9049c63bcd47f63f0d3449a129daa5c97
Source ID: secondary:businessinsurance.com
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URL: https://www.businessinsurance.com/texas-court-says-comp-bar-blocks-workers-truck-crash-suit/
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Texas court says comp bar blocks worker’s truck crash suit - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Texas court says comp bar blocks worker’s truck crash suit by Louise Esola Claims Disputes , Workers Comp Coverage , Workplace Safety Jul 2, 2026 A Texas appeals court on Tuesday ruled that the workers compensation exclusive-remedy bar blocked an injured worker’s lawsuit against his employer over a company truck crash. In Huerta v. Swabco Inc. , the Court of Appeals for the Eighth District of Texas upheld summary judgment for Swabco Inc., holding that Roberto Huerta failed to show the company was substantially certain he would be injured. Mr. Huerta sued Swabco in June 2022 after he and a coworker were injured in October 2021 when a Swabco truck veered off a highway. He alleged he had reported suspension and steering problems and that Swabco knew continued use of the truck was substantially certain to cause injury. Swabco moved for no-evidence summary judgment, arguing Mr. Huerta had no evidence the company specifically intended to injure him. The trial court granted the motion. The appeals court, in affirming, found the motion was proper because intent to injure was an exception to the comp exclusive-remedy defense and an element Mr. Huerta had to prove. The court said evidence that Swabco knew of complaints about the truck could support allegations of negligence or recklessness, but not that an accident and injury were substantially certain. The court noted the truck had been serviced 20 days before the accident, maintenance records did not show serious defects, and Mr. Huerta testified that he believed Swabco was negligent and did not intentionally try to harm him. The court also said Mr. Huerta waived his spoliation argument because he did not ask the trial court to make a spoliation finding or adequately brief the issue on appeal. Related News Washington fines farm labor contractor $693K over worker-protection violations July 2, 2026 Howden debuts US food and beverage practice July 2, 2026 July Fourth’s real party crashers: leaks and thieves July 2, 2026 Amwins buys specialty MGA Jackson-Lloyd July 2, 2026 Alternative capital reaches new records July 2, 2026 Google ordered to pay $1.5B July 2, 2026 Hail drives storm losses into hundreds of millions July 2, 2026 VIG Re expands into Singapore July 2, 2026 Cyberattacks could spark bank liquidity crisis: JPMorgan July 2, 2026 Facebook-f X-twitter Linkedin-in Business Insurance is a singular, authoritative news and information source for executives focused upon risk management, risk transfer and risk financing. Never miss important news: Become a Business Insurance Online subscriber today Subscribe Now Information About Us Contact Advertise Privacy Policy Terms & Conditions Copyright 2026. BUSINESS INSURANCE HOLDINGS Member, Beacon International Group, Ltd.
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