A mother whose son collapsed at a Texas workplace failed to show how a trial court erred in denying a wrongful-death lawsuit.
Dawn Ursin challenged a summary judgment granted in favor of her son Ja’Cardo Hawkins’ employer Brand Solutions Inc., arguing that a trial court erred in granting Brand’s dismissal of the suit, according to Dawn Ursin, Individually and on behalf of Ja’Cardo Hawkins v. Brand Energy Solutions Inc., filed Tuesday in the Court of Appeals for the 1st District of Texas.
The autopsy on Mr Hawkins, who collapsed during his first day on the job building scaffolding, ruled that his death was “natural” and that the cause of his death was “hypertrophic cardiomyopathy with congestive heart failure.”; The report explained that hypertrophic cardiomyopathy “may be asymptomatic or may be complicated by cardiac arrhythmias and sudden death.”
The company had argued that if Mr. Hawkins’ death “was a result of his employment” so workers’ compensation benefits are the exclusive remedy. Brand argued that its summary judgment probatively established that Hawkins’ death “was not related to his employment and was not the result of anything he did during the course and scope of his employment.” Brand argued that Ursin was unable to produce any evidence to prove their claims were false.
Since Ursin has not challenged all the reasons behind the verdict, the Court of Appeal upheld the trial court’s decision.