Texas Supreme Court

I.m. Werner

October 5, 1995909 S.W.2d 866

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded for a new trial, holding that a co‑worker owes no duty to remain on the job, that the employer failed to prove negligence, and that a trustee who was not served and did not make a general appearance cannot be bound by judgment. Justice Gammage, in a concurring/dissenting opinion, argued that the employer should be held liable.