A Texas hospital employee who claimed she was injured in an elevator could not provide "a scintilla of evidence" on her premises about liability damages to her employer without a subscription, a court said.
In the Hudson v. Memorial Hospital System a Texas Court of Appeals, First District of Houston on Thursday confirmed the dismissal of personal injury claims filed against the hospital, its premises manager and elevator maintenance provider.  Michelle Hudson worked for the Memorial Herman Health System, which is not a subscriber under the Texas Workers' Compensation Act, when she said she was injured when an elevator she was on the premises "stopped suddenly and violently." She also said that when she pressed the elevator button, she felt an "electric shock." maintenance and systematically inspect the elevator and correct unreasonably dangerous conditions. Her complaint claimed damages for medical expenses, physical pain, mental anxiety and lost wages. However, she claimed the hospital as an invitee, not as an employee.
The defendants submitted a request for a summary judgment, which was granted by a court.
Ms. Hudson appealed, arguing that as an employee of Memorial Hermann, an employer without a subscription, who was "injured during work and the extent of her employment in premises owned and controlled" by the hospital, her injuries should be considered "workplace injuries"
However, the Court of Appeal noted that Mrs Hudson's first amended complaint did not make any claim against the hospital as her employer, and therefore she only claimed a local liability case, which she failed to state in an appropriate manner.
the court further held that Mrs. Hudson's evidence that the defendants had breached their obligations was "so weak" that it "lacks attention."