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 Medina's intentional tort claim against his employer, Interstate Forging Industries, is barred by the election of remedies doctrine, but his claim against his supervisor, Herrera, is not barred; the court affirmed the appellate court’s judgment as to Interstate, reversed as to Herrera, and remanded the Herrera claim for further proceedings. Justice Enoch concurred in part and dissented in part, arguing that neither claim should be barred.