Ajibade, Caleb v. Edinburg General Hospital, A/K/A Edinburg Hospital
Caleb Ajibade, an injured worker, appealed the denial of his supplemental income benefits, initially filing a petition against Edinburg General Hospital (mistakenly believing it was owned by the City of Edinburg) and later naming the City. The trial court granted summary judgment for both defendants. On appeal, the Court of Appeals addressed issues including the timeliness of appellees' supplemental motion for summary judgment, the judge's signature, whether the statute of limitations was tolled by due diligence in serving citation, the requirement of simultaneous filing with the Texas Workers' Compensation Commission (TWCC), and the liability of the City of Edinburg. The appellate court affirmed the summary judgment in favor of the City of Edinburg, finding no basis for liability. However, it reversed the judgment in favor of Edinburg Hospital and remanded the case for further proceedings, determining that the affirmative defense of limitations was not conclusively established and that failure to provide simultaneous notice to the TWCC only warrants abatement, not dismissal.