Texas Supreme Court Argument Preview (2/9/16)

Posted by Rich PhillipsOn Tuesday, February 9, 2016, the Supreme Court of Texas will hear argument in two cases beginning at 9:00 am:No. 15-0143, TIC Energy & Chemical Inc. v. Martin – This appeal arises from a workers’ compensation dispute. The issue is whether a negligence claim by an employee of the general contractor against an independent contractor whose employees are covered by the general contractor’s workers’ compensation policy is barred. The respondent also contends that the Supreme Court lacks jurisdiction over the certified interlocutory appeal under Civil Practice & Remedies Code section 51.014(d) because there is no conflict between the court of appeals’ opinion and decisions by other courts of appeals.No. 15-0172, First Texas Bank v. Carpenter – This appeal arises from a personal injury suit. The issue is whether the plaintiff was a “contractor” for purposes of Civil Practice & Remedies Code chapter 95 even if he did not have a written contract with the premises owner. If a written agreement is not required, the next issue is whether there was evidence that the plaintiff was a contractor for purposes of Chapter 95. Respondent also argues that even if the plaintiff was a contractor, Chapter 95 does not apply because his injuries did not arise from the use or condition of an improvement to real property.As always, you can watch oral argument live (or go back and watch the recording later) here.