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James R. Walzier, a truck driver for A.L. Newton Trucking Company, appealed a judgment that denied him recovery following a vehicle accident. Walzier claimed the accident was due to defective brakes, while Newton argued Walzier's own negligence was the sole proximate cause. Walzier objected to the admission of evidence regarding his negligence, citing section 406.033 of the Texas Labor Code and Texas Rule of Civil Procedure 94. The appellate court affirmed the trial court's judgment, holding that 'sole proximate cause' is not an affirmative defense prohibited by the Labor Code and does not need to be specifically pleaded under Rule 94, as it serves to negate an element of the plaintiff's case.
Walzier v. Newton 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
James R. Walzier, a truck driver for A.L. Newton Trucking Company, appealed a judgment that denied him recovery following a vehicle accident. Walzier claimed the accident was due to defective brakes, while Newton argued Walzier's own negligence was the sole proximate cause. Walzier objected to the admission of evidence regarding his negligence, citing section 406.033 of the Texas Labor Code and Texas Rule of Civil Procedure 94. The appellate court affirmed the trial court's judgment, holding that 'sole proximate cause' is not an affirmative defense prohibited by the Labor Code and does not need to be specifically pleaded under Rule 94, as it serves to negate an element of the plaintiff's case.
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