Southwestern Refining Co.
By Third District, at Austin Texas Court of Appeals
- Release Date: 2000-05-11
- Genre: Law
Description
The principal issue in this interlocutory appeal is the propriety of certifying a class action of 904 plaintiffs against Southwestern Refining Company for alleged personal injuries arising from a refinery tank fire in Corpus Christi, Texas. The trial court certified the class and directed that the class proceed in three phases: the first to determine general liability and gross negligence; the second to determine punitive damages; and the third to determine causation and actual damages. The court of appeals modified the certification order to require determination of the class representatives actual damages before punitive damages may be assessed for the whole class. 960 S.W.2d 293. Southwestern filed this petition for review, contending that this Court has conflicts jurisdiction and that the common issues do not predominate over the individual issues. We agree with both of Southwesterns contentions. Therefore, we reverse the court of appeals judgment and remand this cause to the trial court for further proceedings consistent with this opinion.
