American Home Assurance Co. v. De Los Santos

Juan De Los Santos was an employee of Ram Production Services (Ram). Juan was given a company truck to perform his work duties, which included daily traveling to jobsites within the Buck Hamilton Ranch (the ranch). Juan’s work began at 6:00 a.m. On June 29, 2005, at 5:50 a.m., Juan De Los Santos was fatally injured in a car accident while driving from home to work at the ranch. At the time of the accident, Juan was traveling to the ranch to meet a work-related acquittance, Rogelio Clarke, to perform work on a well. While speaking with Clarke, Juan agreed to bring a barrel to the well to catch petroleum. Ram did not schedule this meeting. Noela De Los Santos (plaintiff), Juan’s widow, filed a claim for workers’-compensation benefits on behalf of herself and their child. The Texas Department of Insurance, Division of Workers’ Compensation, denied her benefits, finding that Juan’s fatal injury did not occur in the course of his employment. Noela filed a petition for review with the trial court. Insurance carrier American Home Assurance Company (American Home) (defendant) and Noela both filed motions for summary judgment on the issue of whether Juan was injured in the course and scope of his employment. The trial court granted Noela’s motion for summary judgment and issued a final judgment in her favor. American Home appealed.