RUSSELL v. WENDY'S INTERN., INC.

No. 05-05-01338-CV.

219 S.W.3d 629 (2007)

Douglas RUSSELL, Appellant v. WENDY'S INTERNATIONAL, INC., Appellee.

Court of Appeals of Texas, Dallas.

April 12, 2007.


Attorney(s) appearing for the Case

R. Jack Ayres, Jr., Law Offices of R. Jack Ayres, Jr., P.C., Addison, for Appellant.

John K. Dunlap, Robert R. Roby, Gwinn & Roby, Dallas, for Appellee.

Before Justices MOSELEY, FITZGERALD, and LANG.


OPINION.

Opinion By Justice LANG.

Douglas Russell appeals the trial court's summary judgment in favor of Wendy's International, Inc. on Russell's personal injury claims arising from an on-the-job incident. Wendy's is a nonsubscriber to the Texas workers' compensation system.

In resolving Russell's appeal, we must ultimately determine whether a claim of an employee against his nonsubscribing employer is barred by the running of the two-year statute...

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