Legal Opinion

Virginia Bridges, J.R. Manning, Kerry Dane Manning, and Sally Bridges Pierce v. Phillips Petroleum Company

Court of Appeals for the Fifth Circuit

Decided June 11, 1984No. 83-1283PublishedCited by 18 opinions

1Per curiam

Plaintiffs, parents of the decedent, 1 brought this action alleging gross negligence and seeking exemplary damages for the death of their son, Kim Manning, who died as a result of injuries arising out of the course of his employment with defendant Phillips Petroleum. Because both defendant and decedent were covered by the Texas Workers’ Compensation Act, plaintiffs were precluded from bringing a wrongful death action for actual damages against defendant and its workers’ compensation carrier. See Tex.Rev.Civ.Stat.Ann. art. 8306, § 3 (Vernon Supp.1984); Paradissis v. Royal Indemnity Co., 507…

2Cases cited13 opinions

  1. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  2. McGowan v. MarylandSupreme Court of the United States · 1961
  3. Parham v. HughesSupreme Court of the United States · 1979
  4. Sanchez v. SchindlerTexas Supreme Court · 1983
  5. Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934

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3Cited by18 opinions

  1. Dynamics Corporation of America, Counterdefendant-Appellee v. Cts Corporation, Counterplaintiff-Appellant. State of Indiana, Intervenor-AppellantCourt of Appeals for the Seventh Circuit · 1986
  2. Georgia Association of Retarded Citizens v. Dr. Charles McDaniel in His Official Capacity as State Superintendent of SchoolsCourt of Appeals for the Eleventh Circuit · 1988
  3. Galvan v. Public Utilities Board, Texas Court of Appeals, 13th District1989
  4. Quesnel v. Town of MiddleburySupreme Court of Vermont · 1997
  5. Peter P. Merrill v. Town of Addison, and State of New York, Intervenor-AppelleeCourt of Appeals for the Second Circuit · 1985

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