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MARATHON OIL CO. v. STERNER

No. 17926.

624 S.W.2d 198 (1981)

MARATHON OIL COMPANY, Appellant, v. James E. STERNER, Appellee.

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

Rehearing Denied June 18, 1981.

Attorney(s) appearing for the Case

Mills, Shirley, McMicken & Eckel, Ross Citti, Galveston, for appellant.

Brown & Todd, Gordon Davenport, Alvin, for appellee.

Before COLEMAN, C. J., and WARREN and PEDEN, JJ.

PEDEN, Justice.

Marathon Oil Company appeals from a judgment based on jury findings awarding James E. Sterner $25,000 for personal injuries arising out of an accident on Marathon's premises. Mr. Sterner, a boilermaker employed by an independent contractor, alleged that he was overcome by gas while working in a large metal vessel in a unit of Marathon's plant.

In response to four special issues the jury found that 1) Sterner sustained an injury on November...

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