Torres v. Western Casualty and Surety Company

REAVLEY, Justice.

In this workmen’s compensation case the trial court granted summary judgment for the defendant, Western Casualty and Surety Company. The court of civil appeals affirmed for the reasons that plaintiff’s claim for compensation was filed late, that defendant raised a fact question as to plaintiff’s good cause for the late filing and that plaintiff failed to produce any proof on that issue. 449 S.W.2d 148. We hold that defendant failed to establish its right to summary judgment, and we remand the case for trial.

There is a preliminary question. Plaintiff filed a motion for new…