Clearwater Constructors, Inc. v. Gutierrez

OPINION

CADENA, Chief Justice.

Defendant, Clearwater Constructors, Inc., appeals from an order of the district court of Bexar County overruling its plea of privilege in a case in which plaintiff, Irma Gutierrez, seeks to recover for loss of consortium because of the death of her husband, Juan Gutierrez, resulting from an on-the-job injury which he sustained in Be-xar County.

Plaintiff alleged that her husband’s death was proximately caused by the negligence and gross negligence of his employer, Clear-water. She also based her claim on the theory that she was the third party beneficiary to a…