Pappas Grubbs Price PC Shareholder, Alma J. Aguirre, Obtains Summary Judgment in Industrial Fatality Case

Shareholder Alma J. Aguirre represented a local Houston underground pipe contractor sued following a fatality accident involving one of its employees.  The Defendant was a workers’ compensation subscriber.  The incident happened as a crew was installing a sewer pipe for a residential project and a large concrete manhole cone tipped over and struck one of the workers, causing fatal injuries.  The employee’s surviving spouse and four children filed suit in Harris County, Texas.  The employer was the sole defendant.  Plaintiffs stipulated their sole cause of action was for gross negligence.

Litigation was instituted in 2020, and involved extensive motion practice on a variety of discovery issues, with multiple depositions necessary.  Ms. Aguirre filed a Traditional and No Evidence Motion for Summary Judgment on her client’s behalf.  Plaintiffs’ sole argument in response was that Defendant was grossly negligent because it knew of yet disregarded regulations that require employees be clear of objects when an excavator is in operation.  Ms. Aguirre successfully countered that Plaintiffs misunderstood and misapplied the elements of a gross negligence claim and that despite ample opportunity to develop evidence to raise a fact question to defeat summary judgment they failed to do so.  The court granted Defendant’s motion in all respects.