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This is an appeal in a wrongful death and survival action following a jury verdict. Evaristo Castillo, an employee of non-subscriber Alice Leasing Corporation, was killed in an accident involving a gin pole truck. The Castillo survivors initially sued Heldt Bros. Trucks, a subscriber and partner of Alice Leasing, and later added Alice Leasing as a defendant. The Texas Workers’ Compensation Insurance Fund (TWCIF) intervened for subrogation. Alice Leasing judicially admitted it was Castillo's employer, and Heldt Bros. settled. The jury found Alice Leasing 100% negligent. Alice Leasing appealed, arguing the trial court erred by not submitting a jury question on Castillo's borrowed servant status, refusing an instruction on workers' compensation as an exclusive remedy for partners, that the release of Heldt Bros. also released Alice Leasing, that evidence was insufficient to support Heldt Bros.'s non-negligence, and by admitting a videotaped experiment. The appellate court rejected all arguments, affirming that Alice Leasing was Castillo's employer and responsible for his death, and upheld the jury's findings.
Alice Leasing Corp. v. Castillo is a workers' compensation case decided in Texas Court of Appeals, 4th District (San Antonio). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 4th District (San Antonio).
Full Decision Text1 Pages
This is an appeal in a wrongful death and survival action following a jury verdict. Evaristo Castillo, an employee of non-subscriber Alice Leasing Corporation, was killed in an accident involving a gin pole truck. The Castillo survivors initially sued Heldt Bros. Trucks, a subscriber and partner of Alice Leasing, and later added Alice Leasing as a defendant. The Texas Workers’ Compensation Insurance Fund (TWCIF) intervened for subrogation. Alice Leasing judicially admitted it was Castillo's employer, and Heldt Bros. settled. The jury found Alice Leasing 100% negligent. Alice Leasing appealed, arguing the trial court erred by not submitting a jury question on Castillo's "borrowed servant" status, refusing an instruction on workers' compensation as an exclusive remedy for partners, that the release of Heldt Bros. also released Alice Leasing, that evidence was insufficient to support Heldt Bros.'s non-negligence, and by admitting a videotaped experiment. The appellate court rejected all arguments, affirming that Alice Leasing was Castillo's employer and responsible for his death, and upheld the jury's findings.
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