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FRANKS v. SEMATECH, INC.

No. 03-94-00339-CV.

938 S.W.2d 462 (1995)

Charlie FRANKS and Industrial Indemnity Insurance Company, Appellants, v. SEMATECH, INC., f/d/b/a Semi Conductor Manufacturing Technology Initiative, and Burle Industries, Inc., Appellees.

Court of Appeals of Texas, Austin.

August 16, 1995.

Attorney(s) appearing for the Case

Paul E. Knisely, Spivey, Grigg, Kelly & Kinsely, Austin, for Charlie Franks.

J. Mark Holbrook, Davis & Wilkerson, P.C., Austin, for Industrial Indemnity Insurance Company.

Alysia Wightman, Vinson & Elkins, L.L.P., Austin, for Burle Industries, Inc.

Tim Poteet, Lea & Chamberlain, Austin, for Sematech, Inc.

Before CARROLL, C.J., and ABOUSSIE and B.A. SMITH, JJ.

ABOUSSIE, Justice.

This case arises under the Texas Workers' Compensation Act and involves an injured employee's third-party liability cause of action and an insurance carrier's derivative claim of subrogation. See Texas Workers' Compensation Act, Tex. Lab.Code Ann. § 417.001(b) (West 1995). Appellant Industrial Indemnity Insurance Company ("Industrial Indemnity") appeals from a summary judgment granted in favor of appellees Sematech, Inc. and Burle Industries...

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