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Dennis O’Neill sued Stacy Oliver, Startex Petroleum Corporation, and Theodore LaTouf d/b/a “Ted’s Quikie Pickie” for injuries sustained during an armed robbery at his workplace, a gasoline station. The trial court granted summary judgment for Oliver and Startex, which O’Neill appealed. O’Neill argued that Startex’s extensive contractual control over the business operations and premises created a genuine issue of material fact regarding a master-servant relationship or sufficient control to impose a duty of reasonable care, making summary judgment inappropriate. The appellate court examined the sublease agreement, highlighting Startex’s retention of control over product sales, pricing, operating hours, and equipment, which indicated potential liability. Citing prior Texas Supreme Court cases, the court concluded that material fact issues existed concerning Startex’s right to control, thereby reversing the summary judgment and remanding the cause for trial on the merits.
O'NEILL v. Startex Petroleum, Inc. 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
Dennis O’Neill sued Stacy Oliver, Startex Petroleum Corporation, and Theodore LaTouf d/b/a “Ted’s Quikie Pickie” for injuries sustained during an armed robbery at his workplace, a gasoline station. The trial court granted summary judgment for Oliver and Startex, which O’Neill appealed. O’Neill argued that Startex’s extensive contractual control over the business operations and premises created a genuine issue of material fact regarding a master-servant relationship or sufficient control to impose a duty of reasonable care, making summary judgment inappropriate. The appellate court examined the sublease agreement, highlighting Startex’s retention of control over product sales, pricing, operating hours, and equipment, which indicated potential liability. Citing prior Texas Supreme Court cases, the court concluded that material fact issues existed concerning Startex’s right to control, thereby reversing the summary judgment and remanding the cause for trial on the merits.
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