The Ninth District of the Texas Court of Appeals found that it was error to grant summary judgment based on workers' compensation immunity to a party who failed to establish employer status.
In Summers v. Entergy Gulf States, Inc., 09-04-152 CV, 12/30/2004, Summers was employed by International Machine Corporation (IMC) and was injured while working at an Entergy Gulf States, Inc. (Entergy) plant. Summers brought suit against Entergy, and Entergy moved for summary judgment, asserting immunity from suit based on the Texas Workers' Compensation Act (TWCA). Entergy asserted that since it...
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