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NAT. UNION FIRE INS. CO. OF PITTSBURGH v. JANES

No. 08-84-00016-CV.

687 S.W.2d 822 (1985)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PENNSYLVANIA, Appellant, v. Jerry Dean JANES, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied April 10, 1985.

Attorney(s) appearing for the Case

W. Bruce Williams, Julia E. Vaughan, Cotton, Bledsoe, Tighe & Dawson, Midland, for appellant.

Robert E. White, Childs & Bishop Law Offices, Inc., Odessa, for appellee.

Before STEPHEN F. PRESLAR, C.J., and OSBORN and SCHULTE, JJ.

OPINION

SCHULTE, Justice.

This is a workers' compensation case appeal taken from a judgment based on a six member jury verdict in the Ector County Court at Law. The jury found a forty percent permanent partial loss of use of Appellee's right leg. The event complained of occurred due to the breaking of a temporary compression plate on the leg, placed there following a prior injury. We reverse and remand.

Appellee, Jerry Dean Janes, was first injured...

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