Brace yourselves—what follows is not for the faint of heart.
A contract worker for Texas oil refineries named Jose’ Herrera was nearly killed when a pipe ruptured, spewing 550 degree crude oil over his face, neck, hands and legs for “seven to 12 minutes”—and he may not be able to sue the refinery owner who was allegedly responsible (Citgo) due to an August 2007 Texas Supreme Court decision that state legislators (from both sides of the aisle!) agree was an example of judicial activism at its worst.
In the case, Entergy vs. Summers, the Texas high court made a strained interpretation of a 1993 amendment to a state law, ruling that if a “business owner has purchased a certain type of workers’ compensation insurance, then temporary employees [like Herrera]…are prevented from suing for injuries.”
“We believe the Supreme Court overstepped its bounds,” said Senator Jeff Wentworth (R-San Antonio) (pictured), one of four Texas lawmakers (two republicans, and two democrats) who drafted a brief criticizing the Texas high court’s ruling.
Needless to say, if the ruling had been in place at the time of the 2005 BP explosion that killed 15 and injured hundreds more, those hurt would have been prevented from suing the company.
Still, the news isn’t all bad—earlier this month, the Texas Supreme Court decided to rehear the case, and a decision is expected sometime after the election. According to Wentworth, “If the Supreme Court doesn’t correct its decision, the Legislature will have the opportunity to make it crystal clear.”
For the sake of all Texas workers, let’s hope the Entergy ruling gets tossed, sooner rather than later. Happy Halloween.
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