Ex parte Texas Loss Control Systems, LLC

Court of Civil Appeals of Alabama

Houston County | No. 2130925. | Oct. 10, 2014


Procedural Dispute of Proper Court to review Exclusivity Provisions

The case concerns an accident that occurred on July 20, 2009, where Gerald Ruiz suffered severe personal injuries while working for Dairy Fresh of Alabama, LLC. This accident was due to a truck driven by a co-employee striking him.

After Gerald's death, his wife, Christy Ruiz, substituted herself as the personal representative of Gerald's estate and filed a wrongful-death lawsuit against TLCS, who she alleged failed in their duty to review and implement safety procedures, which led to Gerald's injuries and death. TLCS sought a writ of mandamus to have the trial court render a summary judgement in their favor, arguing their immunity from civil liability under specific Alabama laws.

The trial court denied this motion and TLCS appealed to the Alabama Supreme Court who transferred it to the Court of Civil Appeals. The Court of Civil Appeals, however, stated that this court lacks jurisdiction over wrongful-death action, and sent the case back to the Supreme Court.

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