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SOUTHEAST TEXAS RECORD

Thursday, May 2, 2024

Justice affirm in part Fluor Daniel summary judgment win

Lawsuits
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HOUSTON – The 14th Court of Appeals has affirmed in part and reversed in part a summary judgment win in favor of Fluor Daniel Services.

The lawsuit was brought by Rogelio Salas, who started working for Fluor in 2015 as a pipefitter at a Chevron Phillips construction project. 

Court records show that on Jan. 9, 2017, Salas, while walking to a safety meeting, “stepped on uneven ground” causing his left knee to twist. He was evaluated and determined to not have any injuries. Two days later, he complained of pain and was given ibuprofen.

Salas continued to complain of knee pain and was assigned to the safety office. He reported to the safety office every day and “sat there all day” until he was terminated. He did not perform any work during this time.

On Dec. 29 justices affirmed the trial court’s summary judgment with respect to Salas’s retaliatory discharge claim under Texas Labor Code and Salas’s punitive damages claim.

Justices reversed the trial court’s summary judgment regarding Salas’s retaliatory discharge claim, remanding that claim to the trial court for further proceedings.

Appeals case No. 14-18-01103-CV

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