Legal Opinion

Washburn v. Associated Indemnity Corp.

Texas Court of Appeals, 5th District (Dallas)

Decided December 2, 1986No. 05-86-00174-CVPublishedCited by 13 opinions

1Opinion of the Court

WHITHAM, Justice.

The issues in this workers’ compensation case arise from the race to the courthouse. Appellants Gary Washburn and Sharron Hodges Washburn, individually, and as representatives of the estate of Howard S. Washburn, deceased, appeal from a summary judgment in favor of appellee, Associated Indemnity Corporation. Both parties filed motions for summary judgment. As the result of stipulations of fact, the principal issue becomes whether either the doctrine of judicial estoppel or the doctrine of equitable estoppel, as they are stated and distinguished in Long v. Knox, 155 Tex. 581,…

2Cases cited3 opinions

  1. Long v. KnoxTexas Supreme Court · 1956
  2. Zurich General Accident & Liability Insurance v. RodgersTexas Supreme Court · 1936
  3. Moore v. MeansCourt of Appeals of Texas · 1977

3Cited by13 opinions

  1. Izaguirre v. Texas Employers' Insurance Ass'n, Texas Court of Appeals, 13th District1988
  2. National Union Fire Insurance Co. of Pittsburgh v. Dominguez, Texas Court of Appeals, 8th District (El Paso)1990
  3. Torchia v. Aetna Casualty & Surety Co., Texas Court of Appeals, 8th District (El Paso)1991
  4. Joleewu, Ltd. v. City of AustinCourt of Appeals for the Fifth Circuit · 1990
  5. Washburn v. Associated Indemnity Corp.Texas Supreme Court · 1987

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