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Lee Lewis Construction, Inc. (LLC), a general contractor, appealed a judgment awarding damages to the kin of Jimmy Harrison, an employee of subcontractor KK Glass, Inc., who died after falling from a construction site. The appellate court found legally and factually sufficient evidence to support the jury's findings that LLC retained control over safety and was negligent and grossly negligent for failing to ensure adequate fall protection. While affirming the findings of negligence and the award of exemplary damages, the court ordered a remittitur for the compensatory damages awarded for Jimmy's pain and mental anguish due to factual insufficiency regarding the duration of consciousness. The court also affirmed the summary judgment granted to KK Glass, which shielded it from LLC's cross-claim for contractual contribution and indemnity under the Texas Labor Code and the express negligence rule.
Lee Lewis Construction, Inc. v. Harrison is a workers' compensation case decided in Texas Court of Appeals, 7th District (Amarillo). 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 Texas Court of Appeals, 7th District (Amarillo).
Full Decision Text1 Pages
Lee Lewis Construction, Inc. (LLC), a general contractor, appealed a judgment awarding damages to the kin of Jimmy Harrison, an employee of subcontractor KK Glass, Inc., who died after falling from a construction site. The appellate court found legally and factually sufficient evidence to support the jury's findings that LLC retained control over safety and was negligent and grossly negligent for failing to ensure adequate fall protection. While affirming the findings of negligence and the award of exemplary damages, the court ordered a remittitur for the compensatory damages awarded for Jimmy's pain and mental anguish due to factual insufficiency regarding the duration of consciousness. The court also affirmed the summary judgment granted to KK Glass, which shielded it from LLC's cross-claim for contractual contribution and indemnity under the Texas Labor Code and the express negligence rule.
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