Court Affirms Summary Judgment, Cites Past Settlement and Release

HOUSTON -- A Texas appellate court has affirmed summary judgment for Union Carbide, ruling that the plaintiff's wrongful death claims are derivative of the decedent's injuries and subject to a prior settlement and release agreement. Ross, et al. v. Union Carbide Corp., No. 14-07-00860-CV (Texas 14th Ct. App.).

In an Aug. 25 opinion, the Fourteenth Court of Appeals rejected the plaintiffs' attempts to bring claims for exemplary damages under the Texas Workers' Compensation Act, ruling that the article in the Texas Constitution under which the plaintiffs attempted to bring the claims did not circumvent the common law requirement of actual …