Richard J. Griffin v. Superior Insurance Company

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the claimant must prove it is impracticable to compute average weekly wages under Subdivisions 1 or 2 before resorting to Subdivision 3, and that the claimant’s own testimony admitting the existence of another employee barred recovery under the “just and fair” provision. Two dissenting opinions argue that the testimony is not a binding judicial admission and that the trial court’s judgment should be affirmed.