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Mrs. Ruby Sears Tigrett, an employee of Heritage Building Company, sued for breach of contract after sustaining personal injuries. Heritage, a non-subscriber under the Texas Workmen’s Compensation Act, argued Mrs. Tigrett was limited to a negligence tort action. The trial court initially granted Heritage's motion for judgment notwithstanding the verdict, denying Mrs. Tigrett recovery. However, the appellate court reversed this decision, holding that the Texas Workmen’s Compensation Act does not provide an exclusive remedy and an employee can maintain a breach of contract action against a non-subscribing employer. The court found an implied contract existed between Tigrett and Heritage, where Heritage offered and Tigrett accepted benefits equivalent to those under the Workmen’s Compensation Act, thereby limiting Heritage's liability and Tigrett's right to sue in tort. The appellate court rendered judgment for Mrs. Tigrett, awarding her compensation.
Tigrett v. Heritage Building Co. 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
Mrs. Ruby Sears Tigrett, an employee of Heritage Building Company, sued for breach of contract after sustaining personal injuries. Heritage, a non-subscriber under the Texas Workmen’s Compensation Act, argued Mrs. Tigrett was limited to a negligence tort action. The trial court initially granted Heritage's motion for judgment notwithstanding the verdict, denying Mrs. Tigrett recovery. However, the appellate court reversed this decision, holding that the Texas Workmen’s Compensation Act does not provide an exclusive remedy and an employee can maintain a breach of contract action against a non-subscribing employer. The court found an implied contract existed between Tigrett and Heritage, where Heritage offered and Tigrett accepted benefits equivalent to those under the Workmen’s Compensation Act, thereby limiting Heritage's liability and Tigrett's right to sue in tort. The appellate court rendered judgment for Mrs. Tigrett, awarding her compensation.
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