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Plaintiff Barbara Kehlenbrink and Texas Employers Insurance Association (TEIA) sued defendant Larry Pickens under the Texas Survival Statute and Wrongful Death Act for damages related to a worker's death. The deceased fell through a catwalk grill at Producers Cooperative Association, allegedly due to the defendant's negligence in properly securing a repaired section of the grill. A jury found the defendant negligent but also found the deceased failed to keep a proper lookout, attributing 80% of the fault to the deceased and 20% to the defendant, resulting in a take nothing judgment for the plaintiffs. The plaintiffs appealed, challenging the sufficiency of evidence for the deceased's negligence. The appellate court found some evidence for the deceased's failure to keep a proper lookout but deemed it factually insufficient to support the jury's findings. Consequently, the court reversed the lower court's judgment and remanded the case for further proceedings.
Kehlenbrink v. Pickens 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
Plaintiff Barbara Kehlenbrink and Texas Employers Insurance Association (TEIA) sued defendant Larry Pickens under the Texas Survival Statute and Wrongful Death Act for damages related to a worker's death. The deceased fell through a catwalk grill at Producers Cooperative Association, allegedly due to the defendant's negligence in properly securing a repaired section of the grill. A jury found the defendant negligent but also found the deceased failed to keep a proper lookout, attributing 80% of the fault to the deceased and 20% to the defendant, resulting in a "take nothing" judgment for the plaintiffs. The plaintiffs appealed, challenging the sufficiency of evidence for the deceased's negligence. The appellate court found some evidence for the deceased's failure to keep a proper lookout but deemed it factually insufficient to support the jury's findings. Consequently, the court reversed the lower court's judgment and remanded the case for further proceedings.
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