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In re Premcor Ref. Group Inc.

ELR Citation: 38 ELR 20221
Nos. No. 09-08-191, (Tex. App. Ct., 08/14/2008)

A Texas appellate court vacated a lower court order denying oil refineries' motions to dismiss individuals' personal injury claims stemming from their exposure to allegedly dangerous emissions from the refineries' facilities. Although the individuals recharacterized their allegations as property damage rather than personal injury claims in an amended complaint, the refineries' mandamus petition was not moot because the individuals continue to claim that they suffer from physical discomfort and mental anguish. Such claims, regardless of the words plaintiffs choose to use in describing them, are personal injury claims. As for the merits, the lower court abused its discretion by refusing to dismiss the individuals' claims for failure to timely produce proper evidence of medical causation. The individuals concede that they are unable to provide such evidence.