Legal Opinion
Wilkerson v. Monsanto Co.
District Court, E.D. Texas
Decided November 6, 1991No. 1:90-cv-00408PublishedCited by 11 opinions
1Opinion of the Court
MEMORANDUM OPINION
COBB, District Judge.
Defendant Monsanto Company (“Monsanto”) moves for summary judgment in this Texas Workers’ Compensation case. Monsanto contends that it is the statutory employer of the plaintiff, Gary Wilkerson, and is therefore immune from suit under the exclusive remedy provisions of the Texas Workers’ Compensation Act. Because a premises owner is not a prime contractor under the relevant provisions of the Texas Workers’ Compensation Act, the motion for summary judgment is denied.
In June, 1988, Monsanto contracted with Austin Industries (“Austin”) for construction…
2Cases cited2 opinions
- Creed F. Brown v. Cities Service Oil Company, Defendant/third Party v. Augenstein Construction Company, Inc., Third PartyCourt of Appeals for the Third Circuit · 1984
- Olveda v. United StatesDistrict Court, E.D. Texas · 1981
3Cited by11 opinions
- Entergy Gulf States, Inc. v. SummersTexas Supreme Court · 2009
- Williams v. Brown & Root, Inc., Texas Court of Appeals, 6th District (Texarkana)1997
- Summers v. Entergy Gulf States, Inc., Texas Court of Appeals, 9th District (Beaumont)2004
- Entergy Gulf States, Inc. v. John SummersTexas Supreme Court · 2007
- Entergy Gulf States, Inc. v. John SummersTexas Supreme Court · 2009
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