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Terry Hendrix, a bricklayer, sued Jones-Lake Construction Company and Valley Roofing Company after falling through an unguarded skylight opening at a Brownsville construction site, sustaining fractures. The jury found both defendants negligent and Hendrix 20% contributorily negligent. The trial court, however, granted a judgment non obstante veredicto, citing the open and obvious danger and no duty doctrine. On appeal, the Court reversed this decision, ruling that there was sufficient evidence to support the jury's findings of negligence against the defendants. The Court also discussed the recent abolition of the no duty concept in negligence actions by the Texas Supreme Court in Parker v. Highland Park, Inc., and rendered judgment in favor of Hendrix and the intervener, United States Fidelity & Guaranty Company.
Hendrix v. Jones-Lake Construction Co. is a workers' compensation case decided in Court of Appeals of Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Court of Appeals of Texas.
Full Decision Text1 Pages
Terry Hendrix, a bricklayer, sued Jones-Lake Construction Company and Valley Roofing Company after falling through an unguarded skylight opening at a Brownsville construction site, sustaining fractures. The jury found both defendants negligent and Hendrix 20% contributorily negligent. The trial court, however, granted a judgment non obstante veredicto, citing the "open and obvious danger" and "no duty" doctrine. On appeal, the Court reversed this decision, ruling that there was sufficient evidence to support the jury's findings of negligence against the defendants. The Court also discussed the recent abolition of the "no duty" concept in negligence actions by the Texas Supreme Court in Parker v. Highland Park, Inc., and rendered judgment in favor of Hendrix and the intervener, United States Fidelity & Guaranty Company.
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