Javier Oaxaca v. R. D. Lowman

This is an appeal from a summary judgment rendered in favor of the defendant (appellee) by the Forty-first District Court of El Paso County, Texas. Appellant, Javier Oaxaca, had filed his action for damages against appellee-defendant, basing his action on injuries received while working as a plumber for one N. M. Canfield. Canfield had a sub-contract under the general contract of appellee to construct certain buildings at Fort Bliss, Texas. The Texas Employers Insurance Association filed its petition as intervenor to recover the sum of $4,477.75, which represented the sum paid plaintiff (appellant) under workmens compensation benefits. The facts are as follows: