Nixson v. Mobil Oil Corp.
David R. Nixson, an employee of Mobil Oil Corporation, suffered a severe arm injury requiring amputation in 1994 while working with rail cars. Mobil was a subscriber under the Texas Workers’ Compensation Act, and Nixson received workers' compensation benefits. Nixson subsequently filed a suit against Mobil and Marie Newman under the Texas Railroad Liability Act. The trial court granted a summary judgment in favor of Mobil and Newman, which Nixson appealed. The appellate court affirmed the summary judgment, concluding that Nixson's failure to provide notice waiving workers' compensation benefits and electing a statutory cause of action under the Railroad Liability Act limited him to the exclusive remedy of the Workers' Compensation Act, as determined by statutory construction regarding the conflict between the two acts.