Ross v. Union Carbide Corp.

MAJORITY OPINION ON EN BANC REVIEW

In this asbestos case, we must determine whether a broad settlement and release agreement executed by an injured worker and his wife acts as a bar, after the worker’s death, to his survivors’ claims against his employer for exemplary and loss-of-consortium damages. In particular, *209the survivors argue that their exemplary-damages claim is not derivative of any cause of action owned by the worker or that accrued during his lifetime, but is instead an independent cause of action under the Workers’ Compensation Act and article XVI, section 26 of the Texas Constitution. They therefore contend that the trial court erred in granting summary judgment to the employer based on the worker’s release of his claims. We disagree with the survivor’s premise that their exemplary-damages claim is a non-derivative cause of action, overruling our prior decision in Perez v. Todd Shipyards Corp., 999 S.W.2d 31 (Tex.App.-Houston [14th Dist.] 1999), pet. denied, 35 S.W.3d 598 (2000). We also disagree with the survivors’ arguments that the release (1) is void in that it impermissibly settles workers’ compensation claims, or alternatively, applies only to products-liability claims, and not to claims of premises or employer liability; and (2) is unenforceable because it is the result of unilateral mistake, is unconscionable, or otherwise violates public policy. Because the survivors’ exemplary-damages and loss-of-consortium claims are encompassed within the release, we affirm the trial court’s judgment.

I. Factual and PROCEDURAL Background

After working as a pipefitter for more than thirty-seven years, Homer Ross developed an asbestos-related disease from his workplace exposure. In 1989, Ross and his wife Marjorie sued twenty-two asbestos manufacturers, alleging that Homer “is suffering from an asbestos-related disease and his future outlook is very dim. He has sought the services of physicians in an effort to cure or arrest the condition from which he is suffering, but to no avail.” They asserted Homer’s claim for personal injury and Marjorie’s claim for loss of consortium under theories of strict liability, negligence, gross negligence, intentional conduct, and breach of warranty. In 1993, both Homer and Marjorie reached a settlement with the Center for Claims Resolution (“CCR”), a nonprofit corporation formed by twenty-one companies to act as the companies’ agent in asbestos litigation. Homer’s former employer Union Carbide Corporation (“Union Carbide”), which was then known as Union Carbide Chemicals & Plastics Co., Inc., was a member of the CCR. Although Union Carbide was not a defendant in the suit, it was a party to the settlement and release (the “Release”).

The Release provides in pertinent part as follows:

WHEREAS, Homer G. Ross and Marjorie Ross have agreed to settle and compromise their claim and cause of action asserted and which could be asserted in said suit, including, but not limited to, each and every cause of action for loss of consortium, personal injury, medical expenses, ... and any future claim for alleged wrongful death under the statutes and laws of the State of Texas;

WHEREAS, ... the Releasees and the Releasors desire to enter into a final compromise and settlement of any and all claims which they have or may hereafter have against the Releasees, for injuries to Homer G. Ross, and any claim for injuries to Marjorie Ross, including loss of consortium, mental anguish, or the future death of Homer G. Ross, arising directly or indirectly from such injuries, disease or death.

NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:

THAT WE, Homer G. Ross and Marjorie Ross, ... joined by our attorney, hereby fully and finally RELEASE, ACQUIT and FOREVER DISCHARGE the Releasees from any and all claims, demands, causes of action of whatsoever *210nature or character which we may now have or hereafter have against the Re-leasees, including ... damages, punitive and exemplary damages, loss of consortium, damages under Wrongful Death and Survival Statutes, Worker’s Compensation liens ... in any manner arising out of, or in any way connected with, directly or indirectly, the exposure or occurrences of injuries, disease, illness or death of Homer G. Ross, above described, as well as any consequence thereof, as well as any cause of action sustained or to be sustained by Marjorie Ross.

This Release shall be construed as broadly as possible with regard to the alleged injuries of Homer G. Ross and shall include, but not be limited to, asbestosis, mesothelioma, cancer and any disease of the body that could now or in the future be alleged to be related to the exposure of Homer G. Ross to asbestos-containing products of any of the Re-leasees ....

We intend this Release to be as broad and comprehensive as possible so that the-Releasees shall never be liable, directly or indirectly, to us or our beneficiaries, heirs, successors or assigns, or any person ... claiming by, through, under or on behalf of us or them, for any claims, demands, actions or causes of action of whatsoever nature or character arising out of any illness[,] disease or death of Homer G. Ross or damages to Marjorie Ross in any way connected with the use of or exposure to various materials and products manufactured, sold or distributed by the Releasees....

The Releasors expressly contract that no claim or cause of action of any type is reserved against any Releasees. If any other claims exist against the Releasees, whether directly or indirectly, whether released herein or not, whether foreseeable or unforeseeable, the Releasors hereby assign those claims in full to the Releasees....

In consideration for the payment of the aforesaid sum, Homer G. Ross and Marjorie Ross, for themselves, their beneficiaries and heirs and on behalf of their successors and assigns[,] agree to indemnify and hold harmless the Releas-ees from any further payment of damages, debts, liens, charges and/or expenses of any character incurred by or on behalf of the Releasees as a result of any further claim by Homer G. Ross and spouse, Marjorie Ross, or their representatives, heirs, or assigns. Homer G. Ross and Marjorie Ross[ ] further agree to indemnify and hold harmless the Re-leasees from any and all liability for the payment of damages by reason of any claims asserted by any person ... as a result of any claim ... made by or to Homer G. Ross and spouse, Marjorie Ross, or their representatives, heirs, or assigns, arising out of any illness of Homer G. Ross and damages claimed or asserted by Marjorie Ross, and the potential claim for the wrongful death of Homer G. Ross in any way connected with the use of or exposure to various materials and products manufactured, sold or distributed by the Releasees....

It is the intent and purpose of this agreement that at no time will the Re-leasees be called upon to pay any further sum or incur any further expense by reason of any fact, matter or claim, directly or indirectly, ... arising out of or predicated upon any claim, demand, judgment or payment made by or to Homer G. Ross or Marjorie Ross, their beneficiaries, successors, heirs or assigns, arising out of the injuries to, disease of, or death of Homer G. Ross....

[T]his agreement is and may be asserted by the Releasees as an absolute *211and final bar to any claim or proceeding now pending or hereafter brought....

By our signatures below we represent that we understand this Full and Final Release and Indemnity Agreement constitutes a final and complete release of all claims regardless of their kind or character, including any possible claim which might be discovered in the future.

Homer died in 2001, and two years later, his wife and children brought an exemplary-damages claim against Union Carbide,1 alleging that Homer’s asbestos-related death was caused by Union Carbide’s wilful act, omission, or gross neglect in exposing Homer to asbestos in the workplace. They specified they brought this claim pursuant to article XVI, section 26 of the Texas Constitution and the Workers’ Compensation Act, Texas Labor Code section 408.001(b). Marjorie also raised a claim for loss of consortium. Relying on the affirmative defense of release, Union Carbide successfully moved for traditional summary judgment on all claims, and this appeal timely ensued.

II. Issues Presented

In their first three issues, appellants contend the trial court erred in granting summary judgment because Homer could not have validly assigned, settled, or released their claims arising from his death. In their fourth issue, appellants argue that a fact issue regarding unilateral mistake precluded summary judgment.

III. Standard of Review

We review summary judgments de novo. Valence Operating Co. v. Dorsett, 164 S.W.3d 656, 661 (Tex.2005). In a traditional summary-judgment motion, the movant has the burden of showing that there is no genuine issue of material fact and it is entitled to judgment as a matter of law. Tex.R. Civ. P. 166a(c); Am. Tobacco Co. v. Grinnell, 951 S.W.2d 420, 425 (Tex.1997). A defendant must conclusively negate at least one essential element of each of the plaintiffs causes of action or conclusively establish each element of an affirmative defense. Sci. Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex.1997). Evidence is conclusive only if reasonable people could not differ in their conclusions. City of Keller v. Wilson, 168 S.W.3d 802, 816 (Tex.2005). Once the defendant establishes its right to summary judgment as a matter of law, the burden shifts to the plaintiff to present evidence raising a genuine issue of material fact. City of Houston v. Clear Creek Basin Auth., 589 S.W.2d 671, 678-79 (Tex.1979).

We apply a de novo standard of review to the interpretation of our state constitution2 and consider such factors as the language of the provision, its purpose, its application in prior judicial decisions, and the historical context in which it was written. See Tesco Am., Inc. v. Strong Indus., Inc., 221 S.W.3d 550, 554 n. 15 (Tex.2006). We likewise review questions of statutory construction de novo to ascertain and give effect to the legislature’s intent as expressed by the plain meaning of the words it chose to use. Entergy Gulf States, Inc. v. Summers, 282 S.W.3d 433, 437 (Tex.2009); F.F.P. Operating Partners, L.P. v. Duenez, 237 S.W.3d 680, 683 (Tex.2007).

*212IV. Analysis

To clarify appellants’ arguments, we first provide the legal context for their claims. Under the terms of the Wrongful Death Act, an individual’s surviving spouse, children, and parents may sue for actual damages arising from an injury that results in the individual’s death. Tex. Civ. Prao. & Rem.Code AnN. §§ 71.002, 71.004 (Vernon 2008). If the death was caused by a wilful act or omission or gross negligence, exemplary damages as well as actual damages may be recovered. Id. § 71.009. Claims made under the Wrongful Death Act are entirely derivative and thus may be brought only if the injured individual would have been entitled to bring an action for the injury if he had lived. Id. § 71.003(a); In re Labatt Food Serv., L.P., 279 S.W.3d 640, 646 (Tex.2009) (“While it is true that damages for a wrongful[-]death action are for the exclusive benefit of the beneficiaries and are meant to compensate them for their own personal loss, the cause of action is still entirely derivative of the decedent’s rights.”); Russell v. Ingersoll-Rand Co., 841 S.W.2d 343, 345 (Tex.1992).

Appellants filed suit against Union Carbide for exemplary damages, alleging that the company’s intentional, knowing, or reckless acts or omissions in regularly exposing Homer to respirable asbestos fibers without providing respiratory protection or advising him of the health risks caused the injuries that resulted in Homer’s death. But the Release executed by Homer and Marjorie Ross bi’oadly covers all claims and damages against Union Carbide, including those under the Wrongful Death Act. Thus, the Release bars appellants’ claims unless the claims are properly asserted on some basis other than the Wrongful Death Act. Appellants expressly deny that their claims are brought pursuant to the Wrongful Death Act, and instead contend that specific provisions of the Texas Constitution and the Workers’ Compensation Act, alone or in combination, create an exemplary-damages cause of action that is both independent of the Wrongful Death Act and nonderivative of Homer’s rights.

Appellants first rely on article XVI, section 26 of the Texas Constitution, which provides as follows:

Every person, corporation, or company, that may commit a homicide, through wilful act, or omission, or gross neglect, shall be responsible, in exemplary damages, to the surviving husband, widow, heirs of his or her body, or such of them as there may be, without regard to any criminal proceeding that may or may not be had in relation to the homicide.

They next point out that although the recovery of workers’ compensation benefits is the exclusive remedy for the death or work-related injury of an employee covered by the Workers’ Compensation Act, the Act “does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer’s gross negligence.” See Tex. Lab.Code Ann. § 408.001(b) (Vernon 2006). Appellants contend that these provisions, either separately or together, allow them to recover exemplary damages based on Union Carbide’s grossly negligent or intentional acts or omissions that caused the injuries that led to Homer’s death. They argue that the Release does not cover their claims arising from Homer’s death because such claims did not accrue until after his death and never belonged to Homer. They further reason that Homer could not settle and thereby “sell” the claims because “one cannot sell what one does not own.” Specifically, appellants argue in their first and third is*213sues that the trial court erred in granting summary judgment based on the Release because Homer could not release his survivors’ exemplary-damages claim under article XVI, section 26 of the Texas Constitution or section 408.001(b) of the Workers’ Compensation Act.3

A. No Independent Exemplary-Damages Claim Under the Texas Constitution or Workers’ Compensation Act

In construing a state constitutional provision, “the fundamental guiding rule is to give effect to the intent of the makers and adopters of the provision in question.” Harris County Hosp. Dist. v. Tomball Reg’l Hosp., 283 S.W.3d 838, 842 (Tex.2009). And because any such provision is “construed in the light of the conditions existing at the time of adoption,” its meaning “is fixed when it is adopted, and it is not different at any subsequent time.” Cramer v. Sheppard, 140 Tex. 271, 285, 167 S.W.2d 147, 154 (1942) (orig. proceeding).

Here, our analysis of article XVI, section 26 of the Texas Constitution is made easier because our highest court already has analyzed and explained, in a unanimous decision, this section’s purpose:

[T]he reason for adoption of the constitutional provision was to allow for exemplary damages under the Wrongful Death Act because of an early interpretation that such damages were not authorized by the Act .... It did not abrogate the common law requirement of actual damages and extend the remedy to those with no cause of action under the [Wrongful Death] Act.

Travelers Indem. Co. of Ill. v. Fuller, 892 S.W.2d 848, 851-52 (Tex.1995).4 Thus, Fuller makes clear that a claim for exemplary damages under article XVI, section 26 is asserted through the Wrongful Death Act, not separately from it. Consequently, “a decedent’s pre-death contract may limit or totally bar a subsequent action” by his wrongful-death beneficiaries. See Labatt Food Serv., 279 S.W.3d at 644 (citing Sullivan-Sanford Lumber Co. v. Watson, 106 Tex. 4, 155 S.W. 179, 180 (Tex.1913)). If, during his lifetime, the decedent released the tortfeasor from further liability, then his survivors’ subsequent wrongful-death claims are barred. Thompson v. Fort Worth & R.G. Ry., 97 Tex. 590, 80 S.W. 990, 991 (1904). Therefore, because the Release broadly discharged Union Carbide from liability (specifically including liability for exemplary damages and wrongful death), and a claim for exemplary damages under article XVI, section 26 is a derivative cause of action that may be asserted only through the Wrongful Death Act, appellants’ claim for exemplary damages under the Texas Constitution is barred by the Release. See Labatt Food Serv., 279 S.W.3d at 646 (explaining that wrongful-death beneficiaries “stand in [the decedent’s] legal shoes and are bound by his agreement”).

Appellants’ argument that the Workers’ Compensation Act creates an independent, nonderivative cause of action is similarly unpersuasive. In interpreting a statute, our goal is to ascertain the legislature’s intent by examining the statute’s plain language. City of DeSoto v. White, 288 S.W.3d 389, 394-95 (Tex.2009). Because *214the words chosen by the legislature “should be the surest guide to legislative intent,” the text is determinative unless enforcement of the statute’s plain language would produce absurd results. Entergy Gulf States, Inc. v. Summers, 282 S.W.3d at 437. And contrary to appellants’ contention, section 408.001(b) of the Workers’ Compensation Act does not purport to create an independent cause of action, but instead identifies an exception to the Act’s exclusivity provision. See Tex. Lab.Code Ann. § 408.001(b) (“This section does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer’s gross negligence.”) (emphasis added). Stated differently, section 408.001(a) explains what the Workers’ Compensation Act does — i.e., it provides an exclusive remedy for covered employees and their beneficiaries, substituting the right to statutory benefits for the right to recover actual damages from the worker’s employer — and section 408.001(b) explains what the Act does not do — i.e., it does not prohibit certain of a covered employee’s survivors from recovering exemplary damages from an employer who caused the employee’s death through its intentional act or omission or its gross negligence. Compare id. § 408.001(a) with id. § 408.001(b). The text of section 408.001(b) is unambiguous, and reading the statute in accordance with its plain language would not produce absurd results.5 We therefore conclude that section 408.001(b) of the Workers’ Compensation Act does not create a non-derivative cause of action for exemplary damages independent of the Wrongful Death Act.

1. Perez Overruled

Although appellants cite several cases in support of their argument that the Texas Constitution and the Workers’ Compensation Act create an independent, nonderiva-tive cause of action, we find these authorities unpersuasive or inapplicable and therefore decline to follow them. Chief among the authorities on which appellants rely is this court’s prior decision in Perez v. Todd Shipyards Corp.

In Perez, a deceased employee’s children and personal representative sued the worker’s employer for gross negligence in allegedly causing the employee’s death from asbestos exposure. 999 S.W.2d at 32. The employer filed a bankruptcy petition in 1987, and the plan was confirmed in 1990. Id. While the bankruptcy action was pending, the employee was diagnosed with a benign asbestos-related pleural disease. Id. In 1992, the employee was diagnosed with metastatic mesothelioma and died three months later. Id.

His employer argued that the children’s claims were derivative of the employee’s claims, which were barred by the employer’s previously-obtained discharge in bankruptcy. Id. We rejected that argument on the grounds that the children’s claims were not brought under the Wrongful Death Act, but instead were brought pursuant to article XVI, section 26 of the Texas Constitution and section 408.001(b) of the Workers’ Compensation Act. We concluded that the children did not present “a derivative action arising from any rights that may have been possessed by the decedent” because “[t]he cause of action provided to the surviving family under the Texas Constitution and the Labor Code is not an action that could have been brought by the deceased.” Id. at 33.

Although this is the same argument presented by appellants, we cannot agree with *215their contention that Perez accurately represents the settled law in this district applicable to the issues before us. Simply stated, the reasoning in Perez cannot be reconciled with that of the previously-discussed decisions of the Texas Supreme Court. See, e.g., Fuller, 892 S.W.2d at 851-52; Russell, 841 S.W.2d at 345-47; Sullivan-Sanford Lumber Co., 155 S.W. at 180; Thompson, 80 S.W. at 992.6 In Perez, we neither followed nor distinguished Fuller, Russell, Sullivan-Sanford Lumber Co., or Thompson,7 and because Perez is contrary to the reasoning of prior as well as subsequent decisions of the Texas Supreme Court and of this court,8 it has been *216a source of unnecessary confusion.9

In sum, Perez presents an unsupported and unsustainable departure from precedent. To obtain uniformity among this court’s decisions and reduce further confusion, we therefore overrule Perez. See Tex.R.App. P. 41.2(c) (authorizing en banc consideration of a case when necessary to secure uniformity of the court’s decisions).

2. Sbrusch Rejected

Appellants also point to some federal cases containing language suggesting that the Worker’s Compensation Act created an independent cause of action for exemplary damages. See, e.g., Sbrusch v. Dow Chem. Co., 124 F.Supp.2d 1090, 1092 (S.D.Tex. 2000); Castillo v. Angelo Iafrate Constr., L.L.C., No. Civ.A. 303CV0061L, 2003 WL 22287637, at *3-4 (N.D.Tex. Sept. 30, 2003) (not reported) (following Sbrusch ).10 We are not obligated to follow these decisions in the same way that we are obligated to follow the precedent of our State’s highest courts and the United States Supreme Court. See Penrod Drilling Corp. v. Williams, 868 S.W.2d 294, 296 (Tex.1993) (per curiam). Moreover, we do not consider the Sbrusch court’s reasoning persuasive.

The Sbrusch court analyzed the Texas Supreme Court’s opinion in Wright v. Gifford-Hill & Co., 725 S.W.2d 712, 713 (Tex.1987), and concluded that “Wright supports the view that the Texas Supreme Court, if confronted with the issue directly, would hold that section 408.001 creates an independent cause of action for exemplary damages based on wrongful death, as opposed to merely saving a pre-existing cause of action.” Sbrusch, 124 F.Supp.2d at 1092. The issue addressed in Wright was whether a claimant who was entitled to workers’ compensation benefits was precluded from recovering exemplary damages in the absence of a jury finding on the amount of actual damages sustained as a result of the worker’s death. Wright, 725 S.W.2d at 713-14. The Texas Supreme Court rejected the argument, noting that “[t]he plaintiff in a workers’ compensation case cannot recover actual damages .... Therefore, it is a waste of the jury’s time and efforts to require a finding of an amount of actual damages in such a case.” Wright, 725 S.W.2d at 714. The court did not hold that section 408.001(b) creates an independent cause of action for exemplary damages, and as pre*217viously discussed, such an interpretation is inconsistent with the statute’s unambiguous text.

Contrary to the authorities cited by appellants, precedent and plain language dictate the conclusion that neither article XVI, section 26 of the Texas Constitution nor section 408.001(b) of the Workers’ Compensation Act, alone or in conjunction with one another, creates a nonderivative cause of action that may be asserted independently from the Wrongful Death Act. Because claims under the Wrongful Death Act are derivative of the injured person’s claim and Homer released Union Carbide from liability for gross negligence, exemplary damages, or his future death, appellants’ claim for exemplary damages is barred by the Release. We therefore overrule appellants’ first and third issues.11

B. Release Is Not Void

Because of the derivative nature of their claims, wrongful-death beneficiaries are generally bound by the injured family member’s contract releasing the alleged tortfeasor from liability. See Labatt Food Serv., 279 S.W.3d at 644. But settlements of claims for workers’ compensation benefits are governed by the Workers’ Compensation Act, which requires the parties to obtain the workers’ compensation commissioner’s approval of such agreements. See Tex. Lab.Code Ann. § 408.005. Absent approval, a workers’ compensation claimant “cannot settle his claim by accepting a payment of money and signing a common-law release.” Starnes v. Tex. Employers’ Ins. Ass’n, 549 S.W.2d 46, 47 (Tex.Civ.App.-Dallas 1977, writ ref'd n.r.e.). To the contrary, with exceptions inapplicable here, “an agreement by an employee to waive the employee’s right to compensation is void.” Tex. Lab.Code Ann. § 406.035. Appellants therefore contend in their second issue that if the Release waived all claims arising from Homer’s asbestos exposure, then it also impermissibly waived any right to workers’ compensation benefits. Because the Release contains no severability clause, appellants further argue that the inclusion of the unlawful provision voids the entire agreement. In the alternative, appellants assert that the Release addresses only products-liability claims, and not claims of employer or premises liability. Appellants argue that as a result of such defects, the Release does not bar their claim for exemplary damages or Marjorie’s claim for loss of consortium.

But even assuming that the Release encompasses claims for workers’ compensation benefits in violation of section 406.035 of the Labor Code,12 the ab*218sence of a severability clause does not necessarily void the entire agreement. Severability is determined by the intent of the parties as evidenced by the language in the contract. In re Kasschau, 11 S.W.3d 305, 313 (Tex.App.-Houston [14th Dist.] 1999, orig. proceeding) (op. on reh’g). Generally, an illegal or unconscionable contract provision may be severed if it does not constitute the essential purpose of the agreement. In re Poly-America, L.P., 262 S.W.3d 337, 360 (Tex.2008); see also Hoover Slovacek LLP v. Walton, 206 S.W.3d 557, 565 (Tex.2006) (explaining that if a contract or term “ ‘is unconscionable at the time the contract is made a court may refuse to enforce the contract, or may enforce the remainder of the contract without the unconscionable term, or may so limit the application of any unconscionable term as to avoid any unconscionable result’ ” (quoting Restatement (Second) of ContRacts § 208 (1981))). “The issue is whether the parties would have entered into the agreement absent the illegal parts.” Kasschau, 11 S.W.3d at 313. Therefore, the court “must determine the central and essential purpose of the settlement agreement.” Id.

Here, the central and essential purpose of the Release is to resolve any claim that has been or could be asserted against the members of the CRC based on Homer’s personal injury or death from asbestos exposure. Although the Release expressly includes any claim by his survivors for exemplary damages or loss of consortium, claims for workers’ compensation benefits are not mentioned. Consequently, such claims are included in the Release only if we construe the contract’s terms to include them. See Lewis v. Davis, 145 Tex. 468, 472, 199 S.W.2d 146, 149 (1947) (“[W]here the illegality does not appear on the face of the contract it will not be held void unless the facts showing its illegality are before the court.”). But because the purpose of the legal system is to combat unlawfulness, not promote it, we cannot construe a contract to impose or enforce an illegal obligation. Cayan v. Cayan, 38 S.W.3d 161, 166 n. 8 (Tex.App.-Houston [14th Dist.] 2000, pet. denied). When two constructions of a contract are possible, we must apply the one that does not result in a violation of law. Lewis, 145 Tex. at 472-73, 199 S.W.2d at 149. We therefore conclude that the parties intended the release to be as broad and comprehensive as the law allows, but not more so.

Moreover, even if the Release encompasses the right to workers’ compensation benefits, an invalid release and assignment of workers’ compensation claims can be severed from the remainder without doing violence to the parties’ agreement to waive the claims specifically referenced therein, including claims for products liability, loss of consortium, wrongful death, and exemplary damages. See Keck, Mahin & Cate v. Nat’l Union Fire Ins. Co. of Pittsburgh, 20 S.W.3d 692, 697-98 (Tex.2000) (holding that a broad-form release of “ ‘all demands, claims or causes of action of any kind whatsoever’ ” validly released “unknown claims and damages that develop in the future”); Victoria Bank & Trust Co. v. Brady, 811 S.W.2d 931, 938 (Tex.1991) (analyzing a more narrowly-tailored release and stating that “the releasing instrument must ‘mention’ the claim to be released”). Finally, there is no evidence that the parties would have declined to execute a Release that did not dispose of claims for statutory workers’ compensation *219benefits.13 Cf. Kasschau, 11 S.W.3d at 313.

In support of their alternative argument that Homer and Marjorie Ross settled only products-liability claims, appellants point to language in the Release referring to “materials and products manufactured, sold or distributed by the Re-leasees,” overlooking other provisions in which the Rosses released the members of the CRC “from any and all claims, demands, causes of action of whatsoever nature or character which we may now have or hereafter have ... arising out of, or in any way connected with, directly or indirectly, the exposure or occurrences of injuries, disease, illness or death of Homer G. Ross.” And because we must presume that the parties to a contract intended every clause to have some effect, we cannot selectively grant controlling effect to the individual provisions appellants cite. See rePipe, Inc. v. Turpin, 275 S.W.3d 39, 44 (Tex.App.-Houston [14th Dist.] 2008, no pet.) (citing Heritage Res., Inc. v. Nations-Bank, 939 S.W.2d 118, 121 (Tex.1996)). Instead, we examine the entire contract and harmonize its provisions so that none are rendered meaningless. Id. (citing J.M. Davidson, Inc. v. Webster, 128 S.W.3d 223, 229 (Tex.2003)). If the parties have entered into an unambiguous writing, we will enforce the parties’ intentions as expressed in the contract, and because “it is objective, not subjective, intent that controls,” the writing alone ordinarily is sufficient to express the parties’ intentions. Matagorda County Hosp. Dist. v. Burwell, 189 S.W.3d 738, 740 (Tex.2006) (per curiam).

As illustrated by the provisions of the Release excerpted in Section I of this opinion, the parties to the Release expressly and repeatedly stated their intent to settle any and all of the Ross family’s present or future claims arising from Homer’s injuries or death, including Marjorie Ross’s claim for loss of consortium. In addition to reciting categories of.waived claims, the parties also stated their intentions in broad but general terms:

It is the intent and purpose of this agreement that at no time will the Re-leasees be called upon to pay any further sum or incur any further expense by reason of any fact,’ matter or claim, directly or indirectly, ... arising out of or predicated upon any claim, demand, judgment or payment made by or to Homer G. Ross or Marjorie Ross, their beneficiaries, successors, heirs or assigns, arising out of the injuries to, disease of, or death of Homer G. Ross....

As an added safeguard of finality, Homer and Marjorie Ross assigned to Union Carbide and the other Releasees any other claims that they or their heirs could assert in connection with Homer’s injury or death.

Viewing the contract as a whole, we do not agree that the Release is void or its scope limited as appellants suggest. We therefore overrule appellants’ second issue.

C. Unilateral Mistake

In their fourth issue, appellants argue that the trial court erred in granting summary judgment in favor of Union Carbide regarding their exemplary-damages claim and Marjorie’s loss-of-consortium claim because there is a question of fact as to whether appellants are entitled to the equitable remedy of rescission under the doctrine of unilateral mistake. Relief from a unilateral mistake is available “when the conditions of remediable mistake are present.” James T. Taylor & Son, Inc. v. *220Arlington Indep. Sch. Dist., 160 Tex. 617, 620, 335 S.W.2d 371, 372-73 (Tex.1960). As the Texas Supreme Court further explained,

These conditions generally are: (1) the mistake is of so great a consequence that to enforce the contract as made would be unconscionable; (2) the mistake relates to a material feature of the contract; (3) the mistake was made regardless of the exercise of ordinary care; and (4) the parties can be placed in status quo in the equity sense, i.e., rescission must not result in prejudice to the other party except for the loss of his bargain.

Id. Appellants contend that Homer and Marjorie Ross “exercised ordinary care before signing the agreement and still made a material mistake”; however, the only evidence produced in support of this contention was Marjorie’s affidavit.

Although appellants contend that the affidavit raises a fact issue concerning the availability of equitable relief, the affidavit simply contains assertions that (1) Homer never worked for Union Carbide Chemicals & Plastics Co., Inc.; (2) “[i]t was not revealed” to the Rosses at that time that any party to the Release was liable to them “for anything other than manufacturing, selling, or distributing an asbestos[-]containing product”; (3) when Homer and Marjorie executed the Release, they “had no understanding” of who Union Carbide Chemicals & Plastics Co., Inc. was; and (4) the Rosses would not have entered into the agreement if they had known that Homer’s employer was one of the released parties.

In effect, the affidavit addresses only the knowledge that the Rosses possessed without taking any steps to identify the current legal name of Homer’s prior employer or the identity of Union Carbide Chemicals & Plastics Co., Inc. But the Rosses were represented by counsel, and their attorney was a signatory to the Release, in which the Rosses acknowledged that they relied not only upon their own knowledge and information, but also upon their attorney’s advice regarding their legal rights and the liability of the released parties. The Rosses’ attorney further certified that he had “fully explained to them the legal effect thereof and after such explanation they were fully satisfied to release their claims.” Nevertheless, Marjorie’s affidavit fails to address the summary-judgment evidence that, according to publicly-available records, Union Carbide changed its name to Union Carbide Chemicals & Plastics Co., Inc. in 1989, and changed its name back to Union Carbide Corporation in 1994. And although his employer’s legal name was Union Carbide Corporation at the time Homer retired in 1984, the company was named Union Carbide Chemicals & Plastics Co., Inc. when the Release was executed in 1993.

Appellants also argue that it would be unconscionable to enforce the contract because Union Carbide did not contribute to the settlement. Under the terms of the contract, however, the entities who are released from liability include Union Carbide and its parent, subsidiary, predecessor, and successor corporations; its insurance carriers; and its present, former, and subsequent officers, directors, attorneys, agents, servants, and employees. The Rosses acknowledged the receipt and sufficiency of the consideration they received, and nothing in the Release required the settlement to be funded by any particular entity or limited the right of any party to enforce the Release. Appellants have not cited, and we have not found, any authority for implying such restrictions. They also state that Union Carbide would not be prejudiced by the rescission of the *221Release because the parties would be “placed in the status quo in the equity sense”; however, appellants do not contend that rescission would fail to prejudice the many other companies whose potential liability was extinguished by the Release.

We conclude that appellants have failed to raise a legal or factual issue regarding the availability of equitable relief, and we overrule their fourth issue.

Y. Conclusion

Homer and Marjorie Ross, acting for themselves and on behalf of their heirs, reached a final settlement and release for the express purpose of reducing the time, expense, and uncertainty of litigation, and appellants are bound by that decision. Because the trial court correctly concluded that Union Carbide established its right to judgment as a matter of law on the affirmative defense of release and appellants failed to raise a legal or factual issue concerning their assertion of unilateral mistake, we affirm the. trial court’s judgment.

FROST, J. and PRICE, S.J., concurring.