Drilex Systems, Inc., Masx Energy Services Group, Inc., and Masco Industries, Inc., Petitioners v. Jorge Flores And…

Summary

The Texas Supreme Court affirmed the Court of Appeals' judgment, after reforming it to hold that the trial court did not abuse its discretion in excluding Drilex's expert witness and that the settlement credit under Chapter 33 must be applied to the Flores family as a single claimant, deducting the total settlement amount before allocating damages. The Court clarified that expert witnesses are not automatically exempt from the sequestration rule and that the party seeking exemption bears the burden of showing essential presence. Justice OWEN dissented, arguing that the exclusion of the expert was an abuse of discretion and that Drilex was entitled to a new trial.