Dominguez

INTRODUCTION

Omar Dominguez appeals the trial court’s grant of summary judgment in favor of Dish Network L.L.C. (Dish LLC). He contends summary judgment was improper because he was not given adequate notice of Dish LLC’s estoppel defense on which the court relied to grant the motion. We agree the defense was not properly raised and the court erred in granting summary judgment on that ground. On our de novo review, we also conclude Dish LLC did not meet its burden on the issues it did raise in its motion. Specifically, it failed to demonstrate that Dominguez released his claims against Dish LLC through the execution of a workers’ compensation settlement agreement with a different entity. Accordingly, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

I.

The Workers’ Compensation Settlement Agreement1 Dish LLC hired Dominguez in February 2016 as a technician to install satellite television equipment at residential homes. In June 2016, he injured his back while lifting a ladder outside a customer’s home. As a result, Dominguez was not able to complete the physical demands of his position, and he was placed on a workers’ compensation leave of absence due to his “serious health…