Texas Supreme Court

Reva U. Wright, Petitioner v. Gifford-Hill & Company, Inc., Respondents

March 4, 198730 Tex. Sup. Ct. J. 273

Summary

The Texas Supreme Court held that a plaintiff need not obtain a jury finding on the amount of actual damages to recover exemplary damages under TEX.REV.CIV.STAT.ANN. art. 8306 §5 in a workers' compensation death case. The Court reversed the Court of Appeals and remanded for further proceedings. Justice Hill, dissenting, argued the majority improperly abandoned the longstanding rule requiring such a jury finding.