United States Fifth Circuit

In an action arising out of a truck accident under the Texas Workers Compensation Act (TWCA), judgment for Defendant is affirmed where the driver of the truck was not Defendant's statutory employee under the Federal Motor Carrier Safety Regulations, and thus Defendant was not vicariously liable under the TWCA.

Appellate Information

• Decided 06/11/2009
• Published 06/11/2009

Judges

• GUIROLA, District Judge:, Before JONES, Chief Judge, ELROD, Circuit Judge, and GUIROLA, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Frederick Leighton Durham, III (argued), Durham & Pittard LLP, Dallas, TX, Melissa Smith, Gilliam & Smith, Marshall, TX, for Darrell Simpson., Paul Wesley Black (argued), Michael P. Sharp, Fee, Smith, Sharp & Vitullo, Dallas, TX, for Empire Truck Lines, Inc.