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MCMILLAN v. HEARNE

No. 06-18-00040-CV.

584 S.W.3d 505 (2019)

Charles Duncan MCMILLAN d/b/a Anthony Sign Company, Appellant v. Kelly Shane HEARNE, Appellee

Court of Appeals of Texas, Texarkana.

Date Decided: July 22, 2019.

Attorney(s) appearing for the Case

James R. Rodgers , Lead Counsel, Sarah L. Kaminar , The Moore Law Firm, LLP, 100 North Main St., Paris, TX 75460, for Appellant.

Bruce K. Thomas , Lead Counsel, Law Office of Bruce K. Thomas, 3710 Rawlins St., Ste. 975, Dallas, TX 75207, T. Dean Malone , Law Offices of Dean Malone PC, 900 Jackson St., Ste. 730, Dallas, TX 75202, for Appellee.

Before Morriss, C.J., Burgess and Stevens, JJ.

OPINION

Opinion by Justice Burgess

On November 2, 2016, Kelly Shane Hearne filed a personal injury suit against his employer, Charles Duncan McMillan d/b/a Anthony Sign Company (McMillan), a nonsubscriber to the workers' compensation system. See TEX. LAB. CODE ANN. § 406.033. Hearne alleged that on September 14, 2015, while he was at the top of a commercial extension ladder, he fell as a result of the ladder slipping after McMillan...

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