Hartline Barger Secures Rare Dismissal in Death Case via Rule 91a Motion

Hartline Barger is proud to announce a significant victory on behalf of a Houston-area waste collection company in a wrongful death lawsuit. The court granted a Rule 91a motion to dismiss—a rare outcome, particularly in a death case.

The firm, led by Partner Stephen Garrett, represented the defendant in a case involving the death of an employee who was pinned and killed by a front-loader waste collection vehicle after exiting the vehicle without properly placing it in park. The decedent’s mother filed suit individually and on behalf of his estate, alleging negligent maintenance of the vehicle.
Hartline Barger filed a Rule 91a motion to dismiss on the grounds that the defendant was a workers’ compensation subscriber at all relevant times. As such, the exclusive remedy provision of the Texas Workers’ Compensation Act barred the plaintiff’s claims for ordinary negligence. The plaintiff did not plead gross negligence. The court agreed with the firm’s position and granted the motion.

Rule 91a dismissals are rarely granted, and achieving one in a wrongful death case is almost unprecedented. Congratulations to Stephen Garrett for leading the matter, and to Caden Tague, who drafted the initial version of the motion. Special thanks also go to Ana Garrett and Stephanie Sutton for their significant contributions to the case.