- 5,00 kr
The question presented is whether an employer who intentionally maintains an unsafe workplace in which an employee is injured may be held to have intentionally injured the employee. Mrs. Judy Copelin sued Reed Tool Company for loss of consortium resulting from on-the-job injuries sustained by her husband. The trial court granted summary judgment for Reed Tool Company on the ground that Mrs. Copelins action was derivative and could not be maintained because her husbands suit was barred by the Workers Compensation Act. Tex. Rev. Civ Stat. Ann. arts. 8306 - 8309i (Vernon 1967 and Supp. 1985). This court has held that if Mrs. Copelin could establish an intentional impairment of consortium, her claim would not be barred be either the act or her husbands acceptance of workers compensation benefits. Reed Tool Co. v. Copelin, 610 S.W.2d 736 (Tex. 1980). On remand Reed Tool again moved for summary judgment, asserting that there was no genuine issue of material fact concerning intentional injury. The trial court granted summary judgment. The court of appeals reversed and remanded the cause for trial. 679 S.W.2d 605. We reverse the judgment of the court of appeals and affirm the trial court judgment.