The Texas Fourteenth Court of Appeals reversed in favor of our client, Berkel & Company Contractors, in a personal injury case arising out of a construction accident involving a contract employee whose leg was crushed and amputated following a crane accident. Read the opinion here.
In addition to holding that the Workers Compensation Act applied to defeat all claims with exception of the intentional injury claim, the court ruled that the plaintiff presented no evidence to support the jury's finding of intentional injury because there was no specific evidence that anyone intended to harm the plaintiff himself. Even the recognition that conduct is likely to result in an accident is not enough to support an intentional injury finding.
Reagan Simpson served as co-counsel with Wright & Close.