(DOWNLOAD) "Gary Washburn and Sharron Hodges Washburn v. Associated Indemnity Corporation" by Fifth District, Dallas Court of Appeals of Texas * Book PDF Kindle ePub Free

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eBook details

• Title: Gary Washburn and Sharron Hodges Washburn v. Associated Indemnity Corporation
• Author : Fifth District, Dallas Court of Appeals of Texas
• Release Date : January 02, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

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, 291 S.W.2d 292 (1956), applies against the carrier. We conclude that neither doctrine of estoppel was applicable against the carrier. Consequently, we conclude that the trial court did not err in granting the carriers motion and in denying the Washburns motion. Accordingly, we declare the carrier the winner of the race and affirm.

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