Russell v. Wendy's International, Inc.

OPINION.

Opinion By

Justice LANG.

Douglas Russell appeals the trial court’s summary judgment in favor of Wendy’s International, Inc. on Russell’s personal injury claims arising from an on-the-job incident. Wendy’s is a nonsubscriber to the Texas workers’ compensation system.

In resolving Russell’s appeal, we must ultimately determine whether a claim of an employee against his nonsubscribing employer is barred by the running of the two-year statute of limitations, or whether § 38.004(e) of chapter 33 of the Texas Civil Practice and Remedies Code, titled “Proportionate Responsibility,” permits…