[DOWNLOAD] "Francis V. Coastal Oil & Gas Corp." by In the Court of Appeals for the First District of Texas # Book PDF Kindle ePub Free
eBook details
- Title: Francis V. Coastal Oil & Gas Corp.
- Author : In the Court of Appeals for the First District of Texas
- Release Date : January 29, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
Appellant, Algenard Francis, sustained serious personal injuries in an explosion that occurred while he was working as an independent subcontractor on the premises of appellee, Coastal Gas Corporation (Coastal). *fn2 Having settled with another subcontractor, Acock Engineering, Francis proceeded to trial solely against Coastal. A jury awarded Francis damages, but the trial court set that verdict aside and rendered a take-nothing judgment in Coastal's favor, in accordance with chapter 95 of the Civil Practice and Remedies Code. *fn3 Francis presents seven issues. In support of his contention that the trial court erred by setting aside the jury's verdict, Francis argues that chapter 95 does not apply because this is an ordinary negligence case in which the record establishes that Coastal was negligent, and also because the trial court's application of chapter 95 violates the open- courts provision of the Texas Constitution. *fn4 Francis further contends that the trial court erred by granting Coastal leave to file a trial amendment to plead chapter 95 and by granting partial summary judgment in Coastal's favor under chapter 16, section 3.2 of the Administrative Code, a Railroad Commission regulation governing fire prevention and swabbing. *fn5 Francis also challenges the legal sufficiency of the evidence to support the jury's finding that Acock was negligent. Coastal brings a conditional cross-appeal to challenge the sufficiency of the evidence, the jury charge, and evidentiary rulings. We affirm.