Employer Negligence In Lifting Injury/Duty/Forseeability/Damages
Brookshsire Brothers v. Lewis, 1999 WL 650786 (Tex. App. – Beaumont)
August 16, 1999
Plaintiff injured his back while working in a Brookshire Brothers Meat Department. The Beaumont Court of Appeals affirmed a damages award of $300,000 and stated:
1. The employer is not an insurer of its employee’s safety but does have a duty of ordinary care to provide a safe workplace.
2. The employer’s duty encompasses a duty to provide rules and regulations for safety, to furnish safe instrumentalities, and to select competent fellow servants.
3. These duties are non-delegable.
4. Proximate cause includes cause in fact and forseeability.
5. The test for cause in fact is whether the negligent act was a substantial factor in bringing about the injury and without which, the injury would not have occurred.
6. Cause in fact is not shown if the negligence only furnished a condition that made the injury possible.
7. An employer has an obligation to provide adequate help to do a task.
8. An employer is not liable if it provides adequate help but the employee proceeds with a task voluntarily when help is temporarily unavailable.
9. Comparative negligence not available to Employer.
10. No offset due the employer for other recovery by employee.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s new office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.