ROSE v. ODIORNE

No. 3-89-117-CV.

795 S.W.2d 210 (1990)

Eddie ROSE, Appellant, v. James T. ODIORNE, Ancillary Receiver of National Allied Insurance Company, Impaired Company, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 17, 1990.


Attorney(s) appearing for the Case

John E. Collins, Dallas, for appellant.

Robert D. Stokes, Flahive, Ogden & Latson, Austin, for appellee.

Before SHANNON, C.J., and CARROLL and ABOUSSIE, JJ.


ABOUSSIE, Justice.

In this worker's compensation case, we must decide whether genuine issues of material fact exist that preclude summary judgment relating to whether appellant was injured while acting within the course of his employment. Appellant was injured in an automobile accident while driving home from work. The trial court granted summary judgment for appellee. We will reverse the judgment of the trial court.

The summary judgment record shows that...

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