Zale Corporation v. Rosenbaum

ON MOTION FOR REHEARING

Appellant urges that we are in conflict with the case of Torres v. Western Casualty and Surety Company, 457 S.W.2d 50 (Tex.1970), and that that case is controlling here. Torres was a workmen’s compensation case in which the plaintiff’s claim was filed some one and one-half years after the injury but the plaintiff alleged that he had good cause for the late filing. The defendant sought summary judgment on the basis that the claim had to be filed within six months and the plaintiff’s case showed on its face that it was not filed within that period. The Court held that…