Alvarado v. Wingfoot Enterprises

I take the unusual, but not unprecedented, step of concurring with my own opinion. See Land v. State, 943 S.W.2d 144, 150 (Tex.App.—Houston [1st Dist.] 1997, no pet.) (Taft, J., concurring). I concur because, while bound by precedent, and with due deference to the courts that have taken on the same challenge before, I believe that applying the “right to control” test in this case is illogical and yields an unfair result.

Alvarado argues that the exclusive remedy provision does not prevent her from recovering against Tandem at common law because there is a fact issue whether Web, rather than…