Espinoza v. Hicks

In Espinoza v. Hicks, 984 S.W.2d 274, 276-77 (Tex. App.--El Paso 1998, no pet.), a farm worker, Espinoza, who was electrocuted while employed by an independent contractor to harvest cotton for Hicks, brought an action against Hicks alleging failure to comply with Chapter 752. 984 S.W.2d at 275. The trial court granted summary judgment in favor of Hicks. Id. On appeal, the appellant argued a fact issue existed regarding whether Hicks was the person responsible for the cotton harvesting activity which led to his electrocution. Id. at 276. It was undisputed that Hicks owned the land and the equipment being used to harvest the cotton. Id. Hicks asserted that he had no right to control the details of the harvest and, therefore, could not be the person responsible for the work under chapter 752. Id. The court concluded that Hicks established as a matter of law that he was not the responsible party under the statute and affirmed summary judgment in his favor. Id. at 277.