Hazel Simpson, Individually and as Next Friend of Her Minor Son Brandon Simpson v. State of Texas Texas Youth Commission Giddings State School Steve Robinson, Individually and as Executive Director of the Texas Youth Commission and Stan Degerolami as Superintendent of Giddings State School And Sandra Burnham, Individually
Hazel Simpson, individually and as next friend of her son Brandon Simpson, appealed a summary judgment granted in favor of the appellees. Simpson had sued for common-law damages after being sexually assaulted by a student while teaching at Giddings State School, having previously received workers' compensation benefits. Her suit alleged negligence and intentional acts/omissions by appellees for failing to ensure her safety. The trial court barred her claim under Texas Labor Code section 408.001, finding workers' compensation as the exclusive remedy. The Court of Appeals affirmed, concluding that Simpson's allegations did not constitute intentional conduct under the "substantial certainty" test, thus her claims and her son's derivative loss of consortium claim were barred.