First Court Affirms Denial of Summary Judgment on Statutory Indemnity Defense Under Texas Health & Safety Code § 752.008 in Electrocution Death Case

The Houston First Court of Appeals affirmed denial of summary judgment on Oncor's statutory indemnity defense under Texas Health & Safety Code § 752.008, holding that genuine fact issues existed as to whether an oil and gas pumper electrocuted while investigating a brushfire qualified as a "person responsible" under § 752.003(a)'s high voltage overhead line notification requirements. The court applied a "control-over-the-details" test and found unresolved factual disputes regarding scope of employment and whether the pumper exercised sufficient control over the work or activity near the line to trigger statutory notification obligations.