COCO v. PORT OF CORPUS CHRISTI AUTHORITY

No. 13-02-574-CV.

132 S.W.3d 689 (2004)

John COCO, Appellant, v. The PORT OF CORPUS CHRISTI AUTHORITY, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

April 15, 2004.


Attorney(s) appearing for the Case

Les Cassidy, Cassidy & Raub, Corpus Christi, for appellant.

J. Michael Mahaffey, Kleberg & Head, Arnold Gonzales Jr., Frank L. McNiff, Welder, Leshin & Mahaffey, Corpus Christi, for appellee.

Before Chief Justice VALDEZ and Justices RODRIGUEZ and GARZA.


OPINION

Opinion by Justice GARZA.

Appellant, John Coco, challenges a final summary judgment in favor of appellee, the Port of Corpus Christi Authority, on Coco's two claims against the Port. In this case, we decide whether issues of material fact exist on an affirmative defense based on the borrowed servant doctrine where a contract designates control of an employee to a special employer but fact issues are raised as to whether the employee nevertheless...

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