law-gross-negligence | negligence | negligence per se | negligent activity claim | exemplary damages |
workplace injury and death | workers comp
Texas Civil Practices and Remedies Code. Section 41.001(11) defines “gross negligence":
(11) “Gross negligence" means an act or omission:
(A) which when viewed objectively from the standpoint of the actor at the time of its occurrence
involves an extreme degree of risk, considering the probability and magnitude of the potential
harm to others; and
(B) of which the actor has actual, subjective awareness of the risk involved, but nevertheless
proceeds with conscious indifference to the rights, safety, or welfare of others.
Id.
GROSS NEGLIGENCE CASE LAW
Ardoin v. Anheuser-Busch (Tex.App.- Houston [14th Dist.] Aug. 28, 2008)(Guzman)
(workplace accident death, no gross negligence found)
AFFIRMED: Opinion by Justice Guzman
Before Justices Frost, Seymore and Guzman
14-07-00210-CV Donna Ardoin, Individually, and as Legal Representative of the Estate of Floyd
Ardoin, Deceased v. Anheuser-Busch, Incorporated
Appeal from 157th District Court of Harris County
Trial Court Judge: Randy Wilson
Hill v. Consolidated Concepts (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Fowler)
(workplace safety, fall from roof, negligence, gross negligence, admission of evidence, collateral source
doctrine, improper jury argument)
AFFIRMED: Opinion by Justice Fowler
Before Justices Hudson, Fowler and Frost)
14-05-00345-CV John Earnest Hill Jr.; John Anthony Hill, Matthew David Hill, and Gracie Love Hill, Minor
Children by and through next friend John Earnest Hill. Jr.; and Christina Hill, Wife of John Earnest Hill, Jr.,
v. Consolidated Concepts Inc.
Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)
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