Texas Supreme Court

Lazaro Medina, Petitioner v. Jose Herrera and Interstate Forging Industries, Inc., Respondent

September 19, 1996927 S.W.2d 597

Summary

The Texas Supreme Court held that Lazaro Medina's intentional tort claim against his employer, Interstate Forging Industries, is barred by the election of remedies doctrine because he elected workers' compensation benefits, but his claim against his supervisor, Jose Herrera, is not barred. The Court affirmed the appellate court's judgment in part, reversed it in part, and remanded the claim against Herrera for further proceedings. Justice Enoch, concurring in part and dissenting in part, disagreed with the majority's bar on the employer claim, arguing that the remedies are not inconsistent.