(DOWNLOAD) "Martinez v. Ibp Inc." by Texas Court of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Martinez v. Ibp Inc.
- Author : Texas Court of Appeals
- Release Date : January 22, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Ramona Martinez (Martinez) sued IBP, Inc., d/b/a IBP, Inc. of Nebraska (IBP), her ex-employer, for negligence, gross negligence, and retaliatory discharge. IBP joined issue and moved for summary judgment. The trial court granted IBP's motion, rendered a final summary judgment, and decreed that Martinez take nothing. Martinez appealed, asserting eight points of error. Purportedly, the trial court erred in granting judgment because 1) IBP cited grounds for summary judgment in documents other than its motion, 2) the waiver she executed which relinquished her right to sue IBP was void as a matter of law, 3) IBP did not move for summary judgment on the issue of gross negligence, 4) evidence created a material issue of fact concerning whether the waiver was executed under duress, 5) the doctrine of election of remedies was inapplicable, 6) ratification was either inapplicable or unproven, 7) evidence created a material question of fact regarding her discharge in retaliation ""for filing a claim for benefits under [IBP's] Workplace Injury Settlement Program,"" and 8) the doctrine of estoppel was inapplicable. We affirm. Background Martinez began working for IBP on October 31, 1994. Within a week, she suffered an injury on the job. Apparently, a 30 to 40 pound parcel of meat fell on her. IBP was immediately notified of the incident. Though the company was not a subscriber to a statutory workers' compensation plan, it nevertheless had its own plan for remediating job related injuries. The plan was called ""Workplace Injury Settlement Program"" (WIS Program). Additionally, in exchange for receiving benefits thereunder, the employee had to sign a document effectively relinquishing his or her right to sue the company at common law. Martinez was informed of this condition during her initial orientation and prior to her injury. Moreover, once she had notified IBP of the accident, the employer tendered to her an ""Acceptance and Waiver"" form. Executed by her on November 10, 1994, the form read: I have been injured at work and want to apply for payments offered by IBP to me under its Workplace Injury Settlement Program. To qualify, I understand I must accept the rules of the Program. I have been given a copy of the Program summary. I accept the Program.