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TRANSPORT INS. CO. v. GARCIA

No. 17322.

580 S.W.2d 96 (1979)

TRANSPORT INSURANCE COMPANY, Appellant, v. Thomas J. GARCIA, Appellee.

Court of Civil Appeals of Texas, Houston (1st District.).

Rehearing Denied April 26, 1979.

Attorney(s) appearing for the Case

Butler, Binion, Rice, Cook & Knapp, Robert C. Floyd, William N. Blanton, III, Houston, for appellant.

Harvill & Hardy, Dale, Harvill, Houston, for appellee.

Before PEDEN, EVANS and WALLACE, JJ.

PEDEN, Justice.

Transport Insurance Company, the compensation carrier, appeals from a judgment based on jury findings that Thomas J. Garcia is totally and permanently incapacitated as a result of an injury he received in the course of his employment. Transport asserts that 1) there is no evidence that Garcia is permanently incapacitated, 2) the evidence proves as a matter of law that Garcia was not totally and permanently disabled, 3) the evidence is factually insufficient...

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