Texas High Court Asked To Clarify Intent Test In Injury Suit

Law360 (September 15, 2020, 7:25 PM EDT) -- A general contractor told the Texas Supreme Court on Tuesday that there isn't enough evidence to justify retrying a construction superintendent's $43.5 million injury suit under the court's refined "substantial certainty" test, but the superintendent's attorney said a retrial is appropriate and asked the court to clarify the rule.

Berkel & Co. Contractors Inc. said in oral arguments that the high court should end the case and render a take-nothing judgment in its favor. Thomas C. Wright of Wright Close & Barger LLP, representing Berkel & Co., said there is no longer a need to remand the case "in the interest of justice,"...

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