Lawrence v. CDB Services, Inc.

PHIL JOHNSON, Justice.

Gary Lawrence (Lawrence) and wife, Martee Lawrence, sued CDB Services, Inc. (CDB) for damages, alleging that Lawrence was injured due to the negligence of CDB. Lawrence was in the course of his employment for CDB at the time of his injury. CDB moved for summary judgment on the basis that prior to his injury Lawrence elected to participate in CDB’s Employee Benefit Plan; the written election waived and released Lawrence’s rights to recover from CDB, and that Lawrence was estopped from recovering by his acceptance of benefits.1 The trial court granted summary judgment to…