Raynor v. MOORES MACHINE SHOP, LLC
359 S.W.3d 905
Tex. App.2012Background
- Raynor parents allege Joseph Raynor electrocuted welding at Moores Machine Shop in Pearland, July 2007.
- Moores moved for summary judgment on two grounds: workers’ compensation exclusive remedy and chapter 95 independent-contractor bar.
- Trial court granted summary judgment without specifying basis; Raynors appeal.
- Raynors contend Joseph was an independent contractor, Moores contends employee; right-of-control test applies.
- Evidence included affidavits from Moores’ owners and supervisor; some facts support employee status, some support independent-contractor status.
- Court held genuine issues of material fact exist on Joseph’s status, precluding summary judgment on both theories.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Joseph an employee under the Workers' Comp Act? | Raynor contends status is disputed; independent-contractor evidence. | Moores asserts employee status based on control and payment. | Genuine issues on employee status; summary judgment improper. |
| Does Chapter 95 bar recovery if Joseph was an independent contractor? | Chapter 95 does not bar where employee status is unresolved and knowledge concerns exist. | If independent contractor, Chapter 95 applies and bars recovery. | Dependent on employee status; fact question precludes Chapter 95 summary judgment. |
Key Cases Cited
- Thompson v. Travelers Indem. Co. of RI, 789 S.W.2d 277 (Tex.1990) (control factors used to distinguish employee from independent contractor)
- Tex. A&M Univ. v. Bishop, 156 S.W.3d 580 (Tex.2005) (five-factor test for employee status; control and means of work)
- Limestone Prods. Distrib., Inc. v. McNamara, 71 S.W.3d 308 (Tex.2002) (economic and control factors in worker classification)
- King Ranch, Inc. v. Chapman, 118 S.W.3d 742 (Tex.2003) (summary-judgment standards in employment-status context)
- Sci. Spectrum, Inc. v. Martinez, 941 S.W.2d 910 (Tex.1997) (standard for traditional summary judgment)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex.2005) (evidentiary standard for reviewing summary judgments)
- Garza v. Exel Logistics, Inc., 161 S.W.3d 473 (Tex.2005) (workers’ comp exclusive remedy framework)