DIAMOND SHAMROCK REFINING CO., L.P. v. HALL

No. 02-0566.

168 S.W.3d 164 (2005)

DIAMOND SHAMROCK REFINING CO., L.P., Diamond Shamrock Refining and Marketing Co., Diamond Shamrock, Inc., Sigmor Corp., and Ultramar Diamond Shamrock Corp., Petitioners, v. Donna HALL, Respondent

Supreme Court of Texas.

Decided July 8, 2005.


Attorney(s) appearing for the Case

Reagan W. Simpson, King & Spalding, William J. Boyce, Fulbright & Jaworski L.L.P., Daryl G. Dursum, Erin Patterson, Adams & Reese, L.L.P., Houston, for Petitioners.

Channy F. Wood, Wood Law Firm, L.L.P., Amarillo, James Christopher Dean, Robert E. Garner, Garner, Stein & Dean, L.L.P., Joe L. Lovell, Lovell Lovell Newsom & Isern, L.L.P., John Smithee, Templeton Smithee Hayes Heinrich & Russell, L.L.P., Amarillo, George J. Kacal, Kacal Adams & Law, P.C., Houston, John N. McCamish Jr., McCamish, Socks & Montpas, San Antonio, Sam L. Stein, Garner & Stein, L.L.P., Cherokee, OK, for Respondent.


Justice HECHT delivered the opinion of the Court.

Charles Hall died of burns he suffered in a refinery explosion. His wife sued his employer, Diamond Shamrock Refining Co., L.P., a self-insured subscriber under the Texas Workers' Compensation Act, its parent, Ultramar Diamond Shamrock Corp. (collectively "Diamond Shamrock"), and others for gross negligence to recover exemplary damages as permitted by article XVI, section 26 of the Texas Constitution

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