Galindo v. Old Republic Insurance Co.

OPINION

SUSAN LARSEN, Justice.

Rito Galindo appeals from a no-evidence summary judgment granted in favor of his employer’s workers’ compensation carrier, Old Republic Insurance Co. Determining that genuine issues of material fact exist, and that summary judgment was therefore granted in error, we reverse and remand.

Facts

The underlying facts in this case are not disputed. In February 1992, while on the job at ASARCO (a copper smelting facility in El Paso), Rito Galindo was exposed to a high concentration of sulfur dioxide gas, resulting in severe pulmonary fibrosis and bronchiolitis obliterans,…