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TEXAS EMP. INS. ASS'N v. PERCELL

No. 9080.

594 S.W.2d 182 (1980)

TEXAS EMPLOYERS' INSURANCE ASSOCIATION, Appellant, v. Mary E. PERCELL, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied February 13, 1980.

Attorney(s) appearing for the Case

Underwood, Wilson, Sutton, Berry, Stein & Johnson, R. A. Wilson, Amarillo, for appellant.

Donald Conley, Amarillo, for appellee.

REYNOLDS, Chief Justice.

Texas Employers' Insurance Association appeals from a judgment decreeing that Mary E. Percell recover benefits for total and permanent incapacity. By assuming the fact of Mrs. Percell's injury in some special issues to which T.E.I.A. objected, the court's jury charge constituted an impermissible comment on the weight of the evidence. Reversed and remanded.

Mrs. Percell sought workers' compensation benefits for an injury sustained on...

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