Francis Gonzales, Individually and as Surviving Widow of Carlos Gonzales v. Brad Williams D/B/A Brad Williams Farms
Appellant Francis Gonzales, individually and as the surviving widow of Carlos Gonzales, appealed a summary judgment granted in favor of Appellee Brad Williams d/b/a Brad Williams Farms. The lawsuit stemmed from Carlos Gonzales's death in a single-vehicle accident while in the course and scope of employment with Appellee, a nonsubscriber under the Texas Workers’ Compensation Act, alleging negligence and gross negligence. Appellee asserted an intoxication defense based on a toxicology report showing multiple controlled substances in Carlos's blood. Appellant argued a lack of reasonable notice for a summary judgment rehearing and the existence of material fact issues, but the appellate court affirmed. The court found that the second hearing did not require new notice and that Appellant failed to rebut the presumption of intoxication, noting that the cause of the accident was irrelevant to the intoxication defense.