damages, if any, versus the claim against WGPS as Torres' employer, for exemplary or punitive damages under the § 408.001(b) of the Texas Workers’ Compensation Act, Texas Labor Code. Since the latter will no longer be pending in this action, the motion is moot. 17 . Chapter 95 specified that it “applies only to a claim” (1) against a property owner ... for personal injury .. and (2) that arises from the condition or use of an improvement to real property where the contractor or subcontractor constructs, repairs, renovates, or modifies the improvement. § 95.002(l)-(2). 18 . See, e.g., Franks v. Chevron Corp., Civ. No. 3:06-cv-506, 2007 WL 2330296, *5 (S.D.Tex. Aug. 13, 2007); Francis v. Coastal Oil and Gas Corp., 130 S.W.3d 76, 88 (Tex.App.-Houston [1st Dist.] 2003, no pet.) (<HOLDING>); Francis v. Coastal Oil and Gas Corp., 130
holding that contract between parties not law of negligence gave rise to duty and accordingly provided exclusive source of remedy holding that when chapter 95 applies it is the plaintiffs exclusive remedy and precludes common law negligence liability holding that chapter 95 precludes commonlaw negligence claims holding that there can be no common liability upon which to base a contribution claim between a third party and an injured partys employer because the exclusive remedy provision means that the employers liability is not based on negligence so that application of the common liability rule deprives a third party of the opportunity to secure contribution from the injured partys employer holding that the basis of liability is negligence and not injury