Texas Supreme Court

John Strakos, Petitioner v. John H. Gehring, Respondent; N. M. Hubbard, Inc., Petitioner, v. John H. Gehring And…

June 27, 19621962 Tex. LEXIS 767

Summary

The Texas Supreme Court reversed the Court of Civil Appeals, rejected the longstanding "accepted work" doctrine, and held that both independent contractor John H. Gehring and subcontractor N. M. Hubbard, Inc. were liable to John Strakos for his injuries. The Court affirmed the modified trial‑court judgment awarding Strakos $50,437 plus interest and denied any contribution or indemnity between Gehring and Hubbard. A dissent argued that the accepted‑work rule should be retained and that Gehring should not be liable, while Hubbard remains liable.