UNION CARBIDE CORP. v. BURTON

No. A2594.

618 S.W.2d 410 (1981)

UNION CARBIDE CORPORATION, Appellant, v. Jimmie Lee BURTON, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied July 1, 1981.


Attorney(s) appearing for the Case

Ervin A. Apffel, Jr., Douglas W. Poole, McLeod, Alexander, Powel & Apffel, Galveston, for appellant.

Phillip E. Hosey, Hosey, Presnall & Hosey, Galveston, Philip J. John, James Edward Maloney, Baker & Botts, Henry P. Giessel, Alice Giessel, Talbert, Giessel & Stone, Russel Ramsey, Ramsey & Murray, Victor A. Sturm, Hudgins, Hudgins, Sturm & Warrick, Houston, Ralph J. Bernsen, Sr., LaMarque, for appellee.

Before J. CURTISS BROWN, C. J., and PAUL PRESSLER and JUNELL, JJ.


PAUL PRESSLER, Justice.

This is an appeal from an award of damages against Union Carbide (hereafter Carbide). Appellee, Jimmie Lee Burton (hereafter Burton), an employee of Phil's Tire Shop, was severely injured when a RH5 degree wheel, on a truck owned by Carbide and on the premises of Carbide, explosively separated as Burton was attempting to place a tire gauge on the stem of the tire. Burton alleged in his Second Amended Petition that Carbide breached the non-delegable...

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