This morning, the Texas Supreme Court accepted a certified question from the United States Court of Appeals for the Fifth Circuit. The Court did not issue any opinions or grant any petitions for review. Access the order list here.
The Court accepted the certified question in No. 14-0216, Austin v. Kroger Texas, L.P., which is a workers' compensation case. The question certified is:
Pursuant to Texas law, including § 406.033(a)(1)–(3) of the Texas Labor Code, can an employee recover against a non-subscribing employer for an injury caused by a premises defect of which he was fully aware but that his job duties required him to remedy? Put differently, does the employee’s awareness of the defect eliminate the employer’s duty to maintain a safe workplace?
The full opinion certifying the question is part of the certification record and can be accessed on the TAMES page.
- Rich Phillips, Thompson & Knight