TEXAS NON-SUBSCRIBER DEFENSE ATTORNEYS:
Breach Of Duty To Provide Safe Workplace Found/Collateral Source Rule
Harwood Tire-Arlington, Inc. v. Young 1998 WL 65677(Tex.App.-Ft. Worth)Feb. 19, 1998
Plaintiff was a mechanic who was injured in an accident involving a hydraulic lift.
The Fort Worth Court of Appeals affirmed a jury verdict of 1.3 million in Young’s favor and found sufficient evidence of negligence in that another employee had placed the vehicle on the lift and the lack of any instruction concerning the safe operation of the lift. Harwood had a duty to provide Young a safe place to work. Young’s workplace was unsafe, and Young was injured as a result.
The Court also stated that the trial court did not err in excluding evidence of other insurance when it excluded evidence of a disability policy that was purchased by Harwood to replace workers’ compensation coverage.
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