NED v. E.J. TURNER AND CO., INC.

No. 01-99-00254-CV.

11 S.W.3d 407 (2000)

Sherman NED, Appellant, v. E.J. TURNER AND COMPANY, INC. d/b/a E.J. Turner And Company, Appellee.

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

January 13, 2000.


Attorney(s) appearing for the Case

Michael Kerensky, Houston, for Appellant.

Geoffrey P. Pivateau, Austin, William S. Bush, Houston, Robert C. (Lou) McCreary, Austin, for Appellee.

Panel consists of Chief Justice SCHNEIDER and Justices ANDELL and DUGGAN.


OPINION

ERIC ANDELL, Justice.

A jury found that appellant, Sherman Ned, was contributorily negligent when he was injured in a construction site accident. We are asked to decide if there was more than a scintilla of evidence to support the jury's finding. We reverse.

Facts

Ned was a construction company heavy laborer whose principal job was to dig ditches. On the day of the accident, his supervisor told him to go help some other workers...

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