[DOWNLOAD] "Genoveva Puga Et Al v. Donna Fruit Company" by Supreme Court of Texas ~ Book PDF Kindle ePub Free
eBook details
- Title: Genoveva Puga Et Al v. Donna Fruit Company
- Author : Supreme Court of Texas
- Release Date : January 09, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Genoveva Puga and Rutila Torrez, as survivors of Juan Torrez, brought this wrongful death action against Donna Fruit Company to recover damages for the death of Juan Torrez. Plaintiffs original petition asserted that Juan Torrez was employed by Donna Fruit Company, that his death occurred within the course and scope of employment and was proximately caused by Donna Fruit Companys failure to provide proper and safe equipment and conditions of employment. Donna Fruit Company moved for summary judgment, pleading that a prior unappealed ruling of the Industrial Accident Board was res judicata as to the matter of employment. The trial court granted a take-nothing summary judgment, and the court of civil appeals affirmed, holding that the factual issue of employment "should have been and can only be raised through an appeal of the Boards ruling." 616 S.W.2d 666. We reverse the judgments of the lower courts and remand the cause to the trial court.
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