Coco v. Port of Corpus Christi Authority

OPINION

Opinion by Justice GARZA.

Appellant, John Coco, challenges a final summary judgment in favor of ■ appellee, the Port of Corpus Christi Authority, on Coco’s two claims against the Port. In this case, we decide whether issues of material fact exist on an affirmative defense based on the borrowed servant doctrine where a contract designates control of an employee to a special employer but fact issues are raised as to whether the employee nevertheless remained under the actual control of the general employer. Because we conclude that under such circumstances a contractual designation of…