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IN RE LUBY'S CAFETERIAS, INC.

No. 14-98-01030-CV.

979 S.W.2d 813 (1998)

In re LUBY'S CAFETERIAS, INC., Relator.

Court of Appeals of Texas, Houston (14th Dist.).

November 5, 1998.

Attorney(s) appearing for the Case

Michael L. Holland, San Antonio, David M. Gunn, Houston, for relator.

Michael J. Hengst, B.J. Walter, Jr., Houston, for respondent.

Before Justices SEARS, CANNON and DRAUGHN.

OPINION

BILL CANNON, Justice (Assigned).

This mandamus proceeding arises out of a negligence suit filed by Elizabeth Gaetjen ("Gaetjen") against her employer, Luby's Cafeterias, Inc. ("Luby's"), after Gaetjen was sexually assaulted in the workplace by a fellow employee. The relator, Luby's, contends the trial court abused its discretion by refusing to abate the negligence trial until the Texas Workers' Compensation Commission decides whether Gaetjen, the...

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