Scroggins v. Twin City Fire Insurance Co.

OPINION

STEPHEN F. PRESLAR, Chief Justice.

In this workers’ compensation case, the question is whether the claimant, a prisoner in the county jail, was an employee of the county at the time of his injury. Summary judgment was granted the defendant insurance carrier for the county. We reverse and remand for trial.

The sole basis for the defendant-insurance carrier’s motion for summary judgment was that the plaintiff-claimant was not an employee. Proving that he was an employee at the time of his injury is an element of the claimant’s case, (Goodnight v. Zurich Insurance Company, 416 S.W.2d 626…