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EXCEL CORP. v. APODACA

No. 01-0358.

81 S.W.3d 817 (2002)

EXCEL CORPORATION, Petitioner, v. Jimmy APODACA, Respondent.

Supreme Court of Texas.

Decided June 27, 2002.

Rehearing Denied August 29, 2002.

Attorney(s) appearing for the Case

Robert L. Craig, Jr., Craig Terrill & Hale, Leslie F. Hatch, Murchison Hund Harriger L.L.P., Lubbock, Robert M. Cohan, Linda S. Althoff, Ella Schroeder Namaksy, William David Ellerman, Jackson Walker L.L.P., Dallas, for Petitioner.

Kevin Glasheen, Christopher T. Carver, Jeffrey H. Cluff, Fadduol Glasheen & Valles, Lubbock, for Respondent.

Justice HANKINSON delivered the opinion of the Court.

Jimmy Apodaca suffered from cumulative trauma disorders (CTDs) while working at Excel Corporation's beefpacking plant in Friona, Texas. He sued Excel, a nonsubscriber under the Texas Workers' Compensation Act, for negligence and gross negligence in failing to provide a safe workplace. The trial court rendered judgment on the jury's negligence verdict for Apodaca, and...

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