CompFox AI Summary
Plaintiffs, the surviving spouse and children of Thomas J. Cowen, sued Mobil Oil Corporation for gross negligence after Thomas J. Cowen's wrongful death due to asbestos exposure during his 37-year tenure at Mobil. Plaintiffs alleged Mobil failed to warn and train employees and take precautionary measures. Mobil moved to dismiss, arguing that Texas law, specifically interpretations of Duhart v. State and Travelers Indem. Co. of Ill. v. Fuller, precluded employees from suing employers for exemplary damages arising from gross negligence. The court denied Mobil's motion, concluding that the Texas Labor Code provides the necessary compensatory damages 'springboard' to support exemplary damages and that recent Texas Supreme Court decisions implicitly recognize such a cause of action.
Cowen v. Mobil Oil Corp. is a workers' compensation case decided in District Court, E.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, E.D. Texas.
Full Decision Text1 Pages
Plaintiffs, the surviving spouse and children of Thomas J. Cowen, sued Mobil Oil Corporation for gross negligence after Thomas J. Cowen's wrongful death due to asbestos exposure during his 37-year tenure at Mobil. Plaintiffs alleged Mobil failed to warn and train employees and take precautionary measures. Mobil moved to dismiss, arguing that Texas law, specifically interpretations of Duhart v. State and Travelers Indem. Co. of Ill. v. Fuller, precluded employees from suing employers for exemplary damages arising from gross negligence. The court denied Mobil's motion, concluding that the Texas Labor Code provides the necessary compensatory damages 'springboard' to support exemplary damages and that recent Texas Supreme Court decisions implicitly recognize such a cause of action.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.