In Smith v. Otis Engineering Corp., 670 S.W.2d 750, 751 (Tex. App.-Houston [1st Dist.] 1984, no writ) decided under the former workers' compensation statutes, Smith was "in the general employ" of Stewart Well Service Company. Smith was injured while he was unloading equipment from a truck owned by Otis Engineering. Otis's workers' compensation carrier provided benefits to Smith, which he accepted, and Smith executed a release in favor of Otis. Smith then sued Otis, Stewart Well Service, and another entity. Otis filed a motion for summary judgment, contending Smith was its borrowed servant as a matter of law and therefore that it was Smith's employer for purposes of the workers' compensation bar of common-law negligence claims. Id. at 752. The trial court granted Otis's summary judgment motion, but the court of appeals reversed, holding that whether Smith was Otis's borrowed servant was a fact issue. Id. at 752. Part of the rationale for that holding was the court's conclusion that the law "requires that one party be named the employer and all others be classified as third parties outside the purview of the workers' compensation law." Id. at 751.