Dugan v. American Express Travel Related Services Co.

OPINION

EHRLICH, Judge.

Sarah Dugan’s husband, Joseph Dugan, and the Dugans’ four adult children (collectively, “plaintiffs”) appeal from the summary judgment in favor of American Express Travel Related Services Company, Inc. (“TRS”) and the subsequent denial of their motions for new trial. Because we conclude that Mrs. Dugan had a compensable brain injury due to an industrially-related, intervening injury combining with her non-industrial, pre-existing heart condition, we affirm the trial court’s judgment that the plaintiffs are precluded from maintaining an action in tort against TRS.

FACTS 1…