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AGRIUM U.S., INC. v. CLARK

No. 07-04-0222-CV.

179 S.W.3d 765 (2005)

AGRIUM U.S., INC., Appellant, v. Verna CLARK, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Overruled January 12, 2006.

Attorney(s) appearing for the Case

S. Tom Morris, Underwood, Wilson, Berry, Stein & Johnson, P.C., Amarillo, for Appellant.

Jim Hart, Byron Buchanan, Williams-Bailey Law Firm L.L.P., Richard N. Countiss, Countiss Law Firm, Houston, for Appellee.

Before QUINN, C.J., and CAMPBELL, JJ.

Opinion

BRIAN QUINN, Chief Justice.

Agrium U.S., Inc. (Agrium) appeals from a judgment awarding exemplary damages to appellee Verna Clark (Verna), the widow of Melvin Clark (Clark). Clark, an employee of Agrium, died during the course of performing his duties. At the time, he was attempting to replace a discharge valve located in a highly pressurized line. The line had not been completely depressurized, however. And, as Clark removed a cover plate...

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