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Law v. Gulf Coast Gunite3/23/2000
82); Reed Tool Co. v. Copelin, 610 S.W.2d 736, 739 (Tex. 1980). However, the Act did not exempt employers from liability for exemplary damages for the death of an employee resulting from gross negligence. See TEX. CONST. art. XVI, § 26; Act of 1917, 35 th Leg., R.S., ch. 103, § 5, 1917 Tex. Gen. Laws 269, repealed by Acts of 1989, 71 st Leg., 2 nd C.S., ch. 1, § 16.01(7) to (9), eff. Jan. 1, 1991 (current version at TEX. LAB. CODE ANN. § 408.001 (Vernon 1996)).
In this case, the Laws' petition asserted claims for negligence and wrongful death, alleging that Gulf Coast caused Charles's collision and resulting death by making him work excessive hours and then requiring him to drive the long distance back to Texas while he was still in an exhausted condition. The Laws' petition also included a claim for exemplary damages.
To the extent that the Laws' workers' compensation action was their exclusive remedy against Gulf Coast for Charles's death, (1) Gulf Coast's interests were represented in that case by its workers' compensation carrier; and (2) the current lawsuit is based on the same claims as were raised in the workers' compensation action. Because all of the Laws' allegations against Gulf Coast in this case are in its capacity as Charles's employer, the Laws' present claims against it, other than for exemplary damages, are the same as those raised in the workers' compensation action and are thus barred by res judicata. The Laws' third point of error is thus sustained as to their claim for exemplary damages and overruled as to their remaining claims.
Accordingly, we reverse the trial court's judgment as to the claims of Leola, Charline, and Sharline for exemplary damages for the death of Charles Law, remand that portion of the case to the trial court for further proceedings, and affirm the remainder of the trial court's judgment.
/s/ Richard H. Edelman, Justice
Judgment rendered and Opinion filed March 23, 2000.
Do Not Publish -- TEX. R. APP. P. 47.3(b).
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