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Filter Fab, Inc. (appellant) appealed the trial court's granting of summary judgment in favor of Donald Delauder and Manchester Lift Truck Serv., Inc. (appellees). Delauder, an employee of Filter Fab, was severely injured while operating a forklift rented from MLT due to a missing stop on the fork. Filter Fab, a non-subscriber to worker's compensation, settled with Delauder, paying medical bills and lost wages in exchange for a release of liability. Delauder sued MLT, and MLT filed a third-party petition against Filter Fab. Filter Fab also filed counterclaims against both Delauder and MLT for subrogation, breach of contract, DTPA, negligence, and gross negligence. The appellate court affirmed that Filter Fab, as a settling party, was not entitled to contribution from MLT for medical expenses and lost wages, and also that Filter Fab had no right of subrogation against Delauder. However, the court reversed the summary judgment regarding Filter Fab's direct and consequential damages claims against MLT for breach of contract and DTPA related to the defective forklift.
Filter Fab, Inc. v. Delauder is a workers' compensation case decided in Texas Court of Appeals, 14th District (Houston). 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, 14th District (Houston).
Full Decision Text1 Pages
Filter Fab, Inc. (appellant) appealed the trial court's granting of summary judgment in favor of Donald Delauder and Manchester Lift Truck Serv., Inc. (appellees). Delauder, an employee of Filter Fab, was severely injured while operating a forklift rented from MLT due to a missing "stop" on the fork. Filter Fab, a non-subscriber to worker's compensation, settled with Delauder, paying medical bills and lost wages in exchange for a release of liability. Delauder sued MLT, and MLT filed a third-party petition against Filter Fab. Filter Fab also filed counterclaims against both Delauder and MLT for subrogation, breach of contract, DTPA, negligence, and gross negligence. The appellate court affirmed that Filter Fab, as a settling party, was not entitled to contribution from MLT for medical expenses and lost wages, and also that Filter Fab had no right of subrogation against Delauder. However, the court reversed the summary judgment regarding Filter Fab's direct and consequential damages claims against MLT for breach of contract and DTPA related to the defective forklift.
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