In Re Tyler Asphalt & Gravel Co., Inc.

OPINION

EVA M. GUZMAN, Justice.

Relator, Tyler Asphalt & Gravel Company, Inc., seeks a writ of mandamus ordering respondent, the Honorable Sharolyn Woods, to abate the underlying suit. We conditionally grant the writ.

I.Factual and ProceduRal Background

Reynaldo Gaona was electrocuted and died while using a power sprayer to wash his car on Tyler’s premises. Although Reynaldo was Tyler’s employee at the time of his death, whether his death occurred in the course and scope of his employment is disputed.

In April of 2000, Real Parties in Interest, Maria and Donacino Gaona, Individually and as…