Lee Lewis Construction, Inc. v. Harrison - In the Court of Appeals for the First District of Texas

Lee Lewis Construction, Inc. v. Harrison

By In the Court of Appeals for the First District of Texas

  • Release Date: 2001-12-20
  • Genre: Law
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Lee Lewis Construction, Inc. v. Harrison by In the Court of Appeals for the First District of Texas read book description and reviews

Following Jimmy Harrisons fatal fall from the tenth story of a construction site where Lee Lewis Construction, Inc., (LLC) was the general contractor, the Harrison family brought a wrongful death and survival action against LLC, alleging negligence and gross negligence. The trial court rendered judgment on the jurys verdict against LLC and awarded $7.9 million in compensatory damages plus prejudgment interest and $5 million in punitive damages. LLC appealed. The court of appeals affirmed, after suggesting remittitur of $450,000 for unproven pain and suffering damages. ___ S.W.3d ___. LLC now challenges the legal sufficiency of the jurys negligence and gross-negligence findings, and in the alternative, the propriety of the submitted jury question concerning whether LLC owed a duty to Jimmy Harrison. We conclude there is legally sufficient evidence that: (1) LLC retained the right to control its subcontractors fall-protection measures and thus owed a legal duty to Harrison; (2) LLCs failure to ensure adequate fall-protection measures proximately caused Harrisons fall; and (3) LLC was grossly negligent. We also conclude that any charge error was harmless. Accordingly, we affirm the court of appeals judgment.
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