August 1, 2018 — A court in Texas has revived a lawsuit filed by the family of an oil field worker who died in a truck accident after being forced to work excessive on-the-road hours.
The 13th Court of Appeals overturned a lower court’s ruling that the family was only entitled to workers’ compensation for the man’s death, according to Law360.
In May 2012, Fabian Escobedo was driving a Mo-Vacs 2007 Mack truck tractor while towing a tank trailer. He fell asleep at the wheel or lost control of the vehicle, veered off the road, and rolled over.
“The evidence showed that Fabian took evasive action which caused the vehicle to rollover and that he did not die from his injuries but instead suffocated.”
The fact that Escobedo survived the truck accident allowed his family to pursue financial compensation for his pain and suffering that led up to his death under the Texas Survivor Statute.
The appeal was filed in the 13th Court of Appeals of the State of Texas — In RE: Primitivo Escobedo et al. v. Mo-Vac Service Co. Inc. — Case Number: 13-16-00435-CV.
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