Summers v. Entergy Gulf States, Inc., No. 09-04-152 CV.
| Court | Court of Appeals of Texas |
| Writing for the Court | Don Burgess |
| Citation | 282 S.W.3d 511 |
| Parties | John SUMMERS, Appellant, v. ENTERGY GULF STATES, INC., Appellee. |
| Decision Date | 30 December 2004 |
| Docket Number | No. 09-04-152 CV. |
v.
ENTERGY GULF STATES, INC., Appellee.
Steven C. Barkley, Beaumont, for appellant.
[282 S.W.3d 512]
Christine S. Kibbe and Paul A. Scheurich, Entergy Services, Inc., Beaumont, for appellee.
Before McKEITHEN, C.J., BURGESS and GAULTNEY, JJ.
DON BURGESS, Justice.
John Summers brought suit against Entergy Gulf States, Inc. for injuries sustained while working at Entergy's Sabine Station plant as an employee of International Machine Corporation (IMC). Entergy filed a motion for summary judgment, which the trial court granted. Summers brings this appeal claiming the trial court erred in granting summary judgment.
Entergy moved for summary judgment on the basis that Summers' claims are barred by the Texas Workers' Compensation Statute. Entergy argued that because it procured the performance of work from IMC, and agreed to and provided workers' compensation insurance coverage to IMC's employees, IMC's employees are deemed "employees" of Entergy for the purposes of workers' compensation. Entergy relies on sections 406.123 and 408.001 of the Texas Labor Code. Section 406.123 provides, in pertinent part:
(a) A general contractor and a subcontractor may enter into a written agreement under which the general contractor provides workers' compensation insurance coverage to the subcontractor and the employees of the subcontractor.
. . . .
(e) An agreement under this section makes the general contractor the employer of the subcontractor and the subcontractor's employees only for purposes of the workers' compensation laws of this state.
Tex. Lab.Code Ann. § 406.123(a), (e) (Vernon Supp.2005). Under section 408.001(a), "[r]ecovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage ... against the employer or an agent or employee of the employer for ... a work-related injury sustained by the employee." Tex. Lab.Code Ann. § 408.001(a) (Vernon 1996).
Summers responded by contending the provisions of the Labor Code protect a general contractor, not an owner, from suit. Section 406.121 defines a general contractor as follows:
(1) "General contractor" means a person who undertakes to procure the performance of work or a service, either separately or through the use of subcontractors. The term includes a...
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Entergy Gulf States, Inc. v. Summers, No. 05-0272.
...tort suits. See TEX. LAB.CODE § 408.001(a). The trial court agreed and granted judgment for Entergy. The court of appeals reversed. 282 S.W.3d 511. We granted Entergy's petition for review to examine whether section 406.121(1) of the Workers' Compensation Act excludes a premises owner from ......
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Garcia v. State, NO. 09-17-00305-CR
...to the offense, the court must view the non-accomplice testimony together instead of as isolated, unrelated incidents. Simmons , 282 S.W.3d at 511 ; Mitchell v. State , 650 S.W.2d 801, 807 (Tex. Crim. App. 1983) ("The combined cumulative weight of the incriminating evidence furnished by the......
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Richardson v. State, No. 2-09-195-CR.
...the force of the evidence is such, as a whole, that it tends to connect the defendant to the offense, then it is sufficient. Simmons, 282 S.W.3d at 511. "The corroborative evidence, however, need not be sufficient in itself to establish guilt, nor must it directly link the accused to the co......
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Campos v. State, No. 07–13–00264–CR
...strong, and does not directly connect Campos with Moseley's murder, but a rational juror could find it tends to connect him. Simmons, 282 S.W.3d at 511. We overrule Campos's first issue. Campos's second issue challenges the sufficiency of the evidence to prove Moseley's murder. He contends ......
-
Entergy Gulf States, Inc. v. Summers, No. 05-0272.
...tort suits. See TEX. LAB.CODE § 408.001(a). The trial court agreed and granted judgment for Entergy. The court of appeals reversed. 282 S.W.3d 511. We granted Entergy's petition for review to examine whether section 406.121(1) of the Workers' Compensation Act excludes a premises owner from ......
-
Garcia v. State, NO. 09-17-00305-CR
...to the offense, the court must view the non-accomplice testimony together instead of as isolated, unrelated incidents. Simmons , 282 S.W.3d at 511 ; Mitchell v. State , 650 S.W.2d 801, 807 (Tex. Crim. App. 1983) ("The combined cumulative weight of the incriminating evidence furnished by the......
-
Richardson v. State, No. 2-09-195-CR.
...the force of the evidence is such, as a whole, that it tends to connect the defendant to the offense, then it is sufficient. Simmons, 282 S.W.3d at 511. "The corroborative evidence, however, need not be sufficient in itself to establish guilt, nor must it directly link the accused to the co......
-
Campos v. State, No. 07–13–00264–CR
...strong, and does not directly connect Campos with Moseley's murder, but a rational juror could find it tends to connect him. Simmons, 282 S.W.3d at 511. We overrule Campos's first issue. Campos's second issue challenges the sufficiency of the evidence to prove Moseley's murder. He contends ......