Supreme Court of Texas

In plaintiff's wrongful death suit against the decedent's employer to compel arbitration of the family members' claims, court of appeals' denial of plaintiff's petition for mandamus relief is conditionally granted as the wrongful death beneficiaries, as derivative claimants, are bound by the decedent's agreement to arbitrate. Furthermore, Texas Labor Code section 406.033(e), which prohibits pre-injury waivers of personal injury or death claims, does not invalidate the decedent's arbitration agreement.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• PER CURIAM.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Kent Donavan Williamson, Mark Trammell Craig, The Silvera Firm, William Richard Thompson, II, Deborah G. Hankinson, Hankinson Levinger LLP, Dallas, for Relator., Fred Bowers, Bowers Law Office, Lubbock, Russell Wayne Casselberry, Fulbright & Casselberry, Lamesa, for Real party in interest.