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Gronwaldt v. McClelland6/22/2000
This is a second interlocutory appeal of a class action certification. See Tex. Civ. Prac. & Rem. Code Ann. ยง 51.014(a)(3) (Vernon Supp. 2000). The plaintiff-appellee, Jerry C. McClelland ("appellee"), originally filed this action against defendants- appellants, Mobil Oil Corp., Robert C. Gronwaldt, Individually and as Agent of Mobil Oil, and National Union Fire Insurance Company of Pittsburgh, Pennsylvania ("appellants"). In his amended motion for class certification, appellee petitioned to represent a class of persons consisting generally of all Mobil employees in the past ten years who have been injured in the course and scope of their employment and have had their claims adjusted by Mobil employees. On June 20, 1994, the trial court entered its order designating and declaring a class certification. The trial court found McClelland had met the requirements of Tex. R. Civ. P. 42(a) and (b)(1)(a) and/or (b)(4). This court affirmed that certification order by per curiam opinion in Gronwaldt v. McClelland, No. 09-94-238-CV (Tex. App.-- Beaumont, Dec. 29, 1994, writ dism'd w.o.j.) (not designated for publication), 1994 WL 720018.
On February 19, 1999, the trial court redefined the class as: "all persons suffering bodily injuries, including all persons claiming by, through or under them as a result of death or disability, who were injured in the course and scope of their employment with any Mobil entity in Texas and who filed worker compensation claims during the time periods that Defendants Forum Insurance and National Union Fire Insurance serves as alleged `front' companies and alleged workers' compensation insurers, such time period believed to be from January 1, 1965 to December 31, 1991, inclusive. . .." The order further decreed Veronica Wellons to be an additional representative.
On November 18, 1999, the trial court redefined and expanded the class to include a mandatory `Siamese Twin' class - a class joined at the hip with the previously certified class, for the sole and only purpose of determining the question articulated in I. above[ ] - to include the following persons: `All persons who claim to have suffered bodily injuries or illness [including all persons claiming by, through or under them as a result of death or disability, their heirs and/or administrators of their estates and all wrongful death beneficiaries], in the course and scope of their employment with any Mobil entity in Texas during the time period that Defendants Forum Insurance, National Union Fire Insurance, American Home Assurance Company, and The Insurance Company of the State of Pennsylvania purported to be workers' compensation insurers for Mobil entities from January 1, 1965 to December 31, 1993, inclusive, and who did not file workers' compensation claims for their injuries or illness.'
The trial court amended and superceded the November 18, 1999 order on December 7, 1999. This new order included the language quoted above from the November 18, 1999 order and further ordered "that the class previously certified be expanded temporally to include:
All persons who claim to have suffered bodily injuries or illness [including all persons claiming by, through or under them as a result of death or disability, their heirs and/or administrator of their estates and all wrongful death beneficiaries], in the course and scope of their employment with any Mobil entity in Texas during the time period that Defendants Forum Insurance, National Union Fire Insurance, American Home Assurance Company, and The Insurance Company of the State of Pennsylvania purported to be workers' compensation insurers for Mobil entities from January 1, 1965 to December 31, 1993, inclusive, and who did file wo
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