Can an employer with workers' compensation coverage be named as a responsible third party in a lawsuit?

Question

Accepted Answer

This question has been addressed in 1 Texas court opinion(s), including In re BD Trucking and Basil Odigie. In litigation involving interspousal torts or fraud on the community, always look to designate responsible third parties (like paramours or financial advisors) to dilute your client's percentage of fault. Trial courts have almost no discretion to deny these motions if they are filed 60 days before trial and meet the minimal 'fair notice' pleading standard, even if the third party has a statutory immunity against being sued directly.

Third Party Liability

Can an employer with workers' compensation coverage be named as a responsible third party in a lawsuit?