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ROSA'S CAFÉ, INC. v. WILKERSON

No. 11-05-00144-CV.

183 S.W.3d 482 (2005)

ROSA'S CAFÉ, INC.; Bobby Cox Companies, Inc.; and the Bobby Cox Companies Employee Injury Benefit Plan, Appellants, v. Mitch WILKERSON, Individually and as Surviving Spouse and Representative of the Estate of Johnna Jean Wilkerson, Deceased; and David Medlin, as Next Friend and Natural Father of Jonathan David Medlin, a Minor, Appellees.

Court of Appeals of Texas, Eastland.

December 21, 2005.

Attorney(s) appearing for the Case

Gary D. Sarles, Sarles & Ouimet, L.L.P., Dallas, for appellants.

Steven L. Clack, Kerrville, Phillip Godwin, Odessa, Michael C. Tighe, McKinney & Tighe, L.L.P., Midland, for appellees.

Panel consists of: WRIGHT, C.J., and McCALL, J., and McCLOUD, S.J.

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

This appeal involves the enforcement of a subrogation provision contained in a settlement agreement executed in conjunction with the payment of death benefits under an ERISA benefit plan. See Employee Retirement Income Security Act, 29 U.S.C. § 1001-1461 (2005). The parties executed the settlement agreement after a fatal automobile accident which caused the death of the plan participant. Under...

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