Carnes v. Transport Insurance Co.

OPINION

OSBORN, Justice.

In this worker’s compensation case, the trial Court entered judgment notwithstanding the verdict for the Insurance Company on the grounds that the claimant was not an employee at the time of the accident in question. We affirm.

In 1978, Mr. H. G. Courtney owned a 1976 Peterbilt truck which he had leased to J. H. Rose Trucking Company in Odessa for about two years. For the last three months of that period, the truck was driven by the Appellant, Michael Carnes. In the fall of 1978, Mr. Courtney decided to lease his truck to Thrasher Trucking Company in Monahans. In order…