Supreme Court of Texas

In a wrongful death action, grant of employer's petition for writ of mandamus is conditionally granted where: 1) if decedent-employee had sued employer for his own injuries immediately prior to his death, he would have been compelled to arbitrate his claims pursuant to his agreement; thus 2) his beneficiaries must arbitrate as their right to maintain a wrongful death action is entirely derivative of decedent-employee's rights; and 3) the trial court clearly abused its discretion by refusing to compel arbitration.

Appellate Information

• Decided 02/13/2009
• Published 02/13/2009

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Court

• Supreme Court of Texas

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