Puga v. Donna Fruit Co., Inc.

BARROW, Justice.

Genoveva Puga and Rutila Torrez, as survivors of Juan Torrez, brought this wrongful death action against Donna Fruit Company to recover damages for the death of Juan Torrez. Plaintiffs’ original petition asserted that Juan Torrez was employed by Donna Fruit Company, that his death occurred within the course and scope of employment and was proximately caused by Donna Fruit Company’s failure to provide proper and safe equipment and conditions of employment. Donna Fruit Company moved for summary judgment, pleading that a prior unappealed ruling of the Industrial Accident Board…