Mission Petroleum Carries, Inc. v David Kelley

On October 9, 2014 the Houston 14th Court of Appeals unanimously ruled in favor of Beck Redden’s client Mission Petroleum Carriers. The case involved the company’s employee benefit plan, which provides a variety of benefits for those who get injured on the job. One of the company’s drivers signed up for the plan and received substantial payments for medical expenses and wage replacement, but he did not want to abide by the plan’s arbitration clause. The appellate court said that he could not have it both ways.

Beck Redden handled the appeal for Mission Petroleum. Beck Redden partner David M. Gunn and his colleague John Adcock did the briefing, and Mr. Gunn presented the oral argument.  They worked in collaboration with trial attorney Mark Giltner from the Shelton & Valadez firm. The court’s opinion is attached.