Texas Supreme Court issues ruling in City of Bellaire v. Johnson

On June 7, 2013, the Texas Supreme Court issued an opinion in the case of City of Bellaire, et al. v. Johnson, — S.W.3d —-, 2013 WL 2450151 (Tex.).  The opinion addressed the issue of whether a city may be held liable for a common law damage claim brought by an employee provided by a leasing agency, or whether the employee is limited to the remedies provided under the Texas Workers Compensation laws.  The Supreme Court ruled in favor of the City of Bellaire holding that the plaintiff, who was injured while working on a City solid waste truck and who was paid by a private staffing agency, was an employee of the City for purpose of applying the Workers Compensation laws applicable to cities.  Based on its holding, the Supreme Court reversed an earlier court of appeals decision and rendered judgment in favor of the City dismissing the employee’s damages claim.  Olson & Olson, LLP, partner, Patricia Hayden represented the City of Bellaire.