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ESPINOZA v. CARGILL MEAT SOLUTIONS CORP.

No. 09-11170.

622 F.3d 432 (2010)

Tina ESPINOZA, Plaintiff-Appellant, v. CARGILL MEAT SOLUTIONS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 2010.

Attorney(s) appearing for the Case

Chad Douglas Inderman , Sean Michael Crowley , Kevin Thomas Glasheen (argued), Glasheen, Valles, Inderman & De-Hoyos, L.L.P., Lubbock, TX, for Espinoza.

Slater Chalfant Elza , S. Tom Morris (argued), Underwood Law Firm, Amarillo, TX, for Defendant-Appellee.

Before JONES, Chief Judge, PRADO, Circuit Judge, and O'CONNOR, District Judge.

PRADO, Circuit Judge:

Tina Espinoza appeals the district court's grant of summary judgment in favor of Cargill Meat Solutions Corporation ("Cargill") on her negligence and gross negligence claims, stemming from an injury she incurred while working at Cargill's meat packing plant. The district court found that (1) Espinoza waived her right to sue Cargill under Texas tort law by electing to participate in the Cargill Meat Solutions...

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