Court Rules Fort Worth Nonsubscriber Employer’s Negligence Must Be A Cause In Fact Of Injury
TEXAS NON-SUBSCRIBER DEFENSE LAW–Fort Worth Lawsuit
Employer’s Negligence Must Be A Cause In Fact Of Injury
Hang On II, Inc. v Tuckey 1998 WL 559791 (Tex. App.-Fort worth) August 31,
The trial court awarded the employee $84,500 for injuries sustained when she fell from steps at work (a topless bar). She was climbing the steps to retrieve drink glasses and alleged that the Employer was negligent because there was inadequate lighting and no guard rail.
The Fort Worth Court of Appeals reversed and rendered a judgment that the employee take nothing. There was no evidence that Hang-On’s negligence proximately caused the employee’s injury.
The mere occurrence of an injury at work, standing alone, is not probative evidence that the injury occurred because of negligence. There was no testimony that the employee fell because of the inadequate lighting or lack of a guard rail. All Hang-On did was to furnish a condition that made injury possible. There was no evidence that condition caused the injury.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas nonsubscriber defense attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.