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GARZA v. AMERICAN MUTUAL LIABILITY INSURANCE CO.

Nos. 14985, 14986.

467 S.W.2d 488 (1971)

Jesus GARZA et al., Appellants, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Appellee. Jesus M. RODRIGUEZ et al., Appellants, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, San Antonio.

May 12, 1971.

Attorney(s) appearing for the Case

Robert O'Conor, Jr., Philip A. Kazen, Laredo, for appellants.

Dyer, Redford, Burnett, Wray, Woolsey & Dunham, Corpus Christi, George P. Kazen, Laredo, for appellee.

BARROW, Chief Justice.

Take-nothing summary judgments were entered in these two suits to recover compensation and medical expenses under the Texas Workmen's Compensation Act. The crucial question in both appeals is the status of appellant, Jesus M. Rodriguez, at the time of the accident in which both men were injured; that is whether he was an employee of Thom McAn Shoe Company, Inc. or an independent contractor. The two cases were not consolidated either in the trial...

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