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This case originated from a gas explosion at the Baker Hotel in Dallas, Texas, on June 21, 1946, which killed hotel employee William Eaton Cotton. Cotton's survivors and Texas Employers Insurance Association, who paid workers' compensation benefits, filed a negligence action against Contractor W. C. Henger. The trial court granted summary judgment for Henger, claiming he was an agent, not an independent contractor. The appellate court reversed the summary judgment, finding that fact questions existed regarding Henger's status as an independent contractor, his responsibility for the plumbing work, and the applicability of res ipsa loquitur. On rehearing, the court clarified its decision, sustaining the motion to leave undisturbed the trial court's judgment that Henger take nothing against the Baker Hotel in his third-party action, but reaffirming the reversal and remand of the summary judgment in favor of Henger against the plaintiffs.
Cotton v. Henger is a workers' compensation case decided in Court of Appeals of Texas. 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 Court of Appeals of Texas.
Full Decision Text1 Pages
This case originated from a gas explosion at the Baker Hotel in Dallas, Texas, on June 21, 1946, which killed hotel employee William Eaton Cotton. Cotton's survivors and Texas Employers Insurance Association, who paid workers' compensation benefits, filed a negligence action against Contractor W. C. Henger. The trial court granted summary judgment for Henger, claiming he was an agent, not an independent contractor. The appellate court reversed the summary judgment, finding that fact questions existed regarding Henger's status as an independent contractor, his responsibility for the plumbing work, and the applicability of res ipsa loquitur. On rehearing, the court clarified its decision, sustaining the motion to leave undisturbed the trial court's judgment that Henger take nothing against the Baker Hotel in his third-party action, but reaffirming the reversal and remand of the summary judgment in favor of Henger against the plaintiffs.
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