Esquivel v. Mapelli Meat Packing Co.

OPINION

GREEN, Justice.

Esquivel appeals the grant of summary judgment in favor of defendant, Montfort, Inc. d/b/a/ Mapelli Food Distribution Co. and Mapelli Food Distributing Co. d/b/a Mapelli Food Distribution Co., incorrectly identified in plaintiffs original petition as Mapelli Meat Packing Co. (“Mapelli”). Esquivel complains the trial court erred in granting summary judgment because (1) material fact issues remain as to the “right of control” of Esquiv-el’s work and (2) Mapelli’s summary judgment proof failed to establish that Mapelli was a workers’ compensation subscriber and that…