(Download) "Elaine Cohn v. Spinks Industries" by Fifth District, Dallas Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Elaine Cohn v. Spinks Industries
- Author : Fifth District, Dallas Court of Civil Appeals of Texas
- Release Date : January 13, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This is an appeal from a summary judgment entered for defendant Spinks Industries, Inc. in a wrongful death action brought by the decedents wife and child. Plaintiff alleged that although the decedent was defendants employee and was in the course of his employment at the time of his fatal injury, defendant, as the lessor of the defective helicopter which decedent was piloting when it crashed, was strictly liable in tort under the "dual capacity" doctrine. Defendant answered and moved for summary judgment contending that at the time of the crash decedent was an employee of defendant, that as such he was covered by and collected benefits under defendants policy of workers compensation insurance, and that, by virtue of section 3a of article 8306 of the Texas Revised Civil Statutes, plaintiffs decedent waived the cause of action now asserted by plaintiff. The trial court granted defendants motion for summary judgment. We affirm.
 "Elaine Cohn v. Spinks Industries" by Fifth District, Dallas Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free){kind=link}