Texas Supreme Court
Louisiana-Pacific Corporation, as Successor to Kirby Forest Industries, Inc., Petitioner v. Luis Andrade And…
October 21, 199943 Tex. Sup. Ct. J. 56
Summary
The Texas Supreme Court reversed the Court of Appeals and held that the evidence was insufficient to support a finding of gross negligence against Kirby (now Louisiana‑Pacific), because the plaintiff failed to show the defendant’s subjective awareness of the risk. The Court also clarified that appellate courts may review the factual sufficiency of gross‑negligence findings.