I.m. Werner

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for a new trial, holding that a fellow employee owes no duty to remain on the job, that the employer failed to present legally sufficient evidence of negligence, and that a judgment cannot be entered against I.M. Werner in her capacity as trustee without proper service or a general appearance. Justice Gammage concurred in most of the opinion but dissented from the holding that the employer was not liable.