CPS Energy, Texas cement supplier settle over man's electrocution

The settlement was reached just days before the case was scheduled to go to trial.

Published on Feb. 22, 2026

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CPS Energy has agreed to pay $150,000 and Lehigh Hanson Materials South LLC, now known as Heidelberg Materials, is paying $700,000 to settle a negligence lawsuit over the electrocution death of Tate Boyster in 2022. Boyster, an assistant plant manager at Lehigh Hanson, was electrocuted while investigating a downed power line at the company's quarry in Garden Ridge, Texas.

Why it matters

The case highlights the risks of downed power lines and the complex legal issues that can arise when a worker is killed on the job, with the companies disputing liability. The settlement comes as a relief to Boyster's family but also raises questions about workplace safety and the challenges workers' families face in seeking justice.

The details

According to the lawsuit, Boyster was investigating a downed power line at Lehigh Hanson's quarry when he was suddenly electrocuted. The Boysters alleged that both CPS Energy and Lehigh Hanson were negligent, with CPS failing to properly maintain its distribution system and Lehigh Hanson failing to inspect the property after a recent storm. CPS countersued, claiming Boyster violated safety protocols by getting too close to the live power line.

  • On September 3, 2022, Tate Boyster was electrocuted at the Lehigh Hanson quarry.
  • In 2023, Boyster's family sued CPS Energy and Lehigh Hanson for negligence.
  • In December 2025, the companies reached a settlement agreement.
  • On January 28, 2026, the parties notified the court of the settlement, just days before the scheduled trial.

The players

Tate Boyster

A 35-year-old assistant plant manager at Lehigh Hanson Materials South LLC who was electrocuted to death while investigating a downed power line at the company's quarry.

Kayleen Boyster

The widow of Tate Boyster, who filed the negligence lawsuit against CPS Energy and Lehigh Hanson.

Zane and Julie Boyster

The parents of Tate Boyster, who joined the lawsuit against CPS Energy and Lehigh Hanson.

CPS Energy

The San Antonio utility company that owned the power line that was downed and agreed to pay $150,000 to settle the lawsuit.

Lehigh Hanson Materials South LLC (now Heidelberg Materials)

The Texas cement supplier that employed Tate Boyster and agreed to pay $700,000 to settle the lawsuit.

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What they’re saying

“It was a very tragic accident for Kayleen, being out there with her husband — they'd only been married months — and she felt Mr. Boyster was doing the right thing in trying to make the premises safe when he saw a downed power line.”

— Javier Espinoza, Attorney representing the Boyster family (San Antonio Express-News)

“Texas law is so against workers. If a jury found that the hazard was 'open and obvious,' then it might deem that the incident was mostly Tate Boyster's fault.”

— Javier Espinoza, Attorney representing the Boyster family (San Antonio Express-News)

What’s next

The judge in the case will decide on Tuesday whether to approve the settlement agreement between the Boyster family, CPS Energy, and Lehigh Hanson.

The takeaway

This tragic case underscores the importance of workplace safety, proper maintenance of utility infrastructure, and the challenges workers' families face in seeking justice when a loved one is killed on the job. The settlement provides some closure for the Boyster family, but broader questions remain about liability and worker protections.