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Antonio Lomeli v. Southwest Shipyard, L.P

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OPINION

Appellant, Antonio Lomeli, sued Southwest Shipyard, L.P. (“Southwest”) for negligence after he fell into an open barge hatch and seriously injured his left leg. Southwest moved for summary judgment, asserting the exclusive remedy provision of the federal Longshore and Harbor Workers’ Compensation Act (“LHWCA”) as an affirmative defense. The trial court rendered summary judgment in favor of Southwest. In one issue, Lomeli contends that the trial court erred in rendering summary judgment because (1) Southwest failed to produce its contract with Lomeli’s original employer, which requires an assumption that the terms of the contract negated any intent for Lomeli to become Southwest’s “borrowed employee,” and (2) Lomeli presented evidence raising fact issues on multiple factors of the borrowed employee test.

We affirm.

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