Texas Justices Say Lack Of Intent Dooms Injury Suit Retrial

Law360 (November 20, 2020, 6:32 PM EST) -- The Texas Supreme Court on Friday said an injured construction superintendent can't get a new trial after a lower court wiped out his $43.5 million jury award against a general contractor, citing a lack of evidence a supervisor intended to cause the injuries.

The ruling partially affirms a Fourteenth Appellate Court decision wiping out the jury award against Berkel & Co. Contractors Inc., but reversed the intermediate appellate court's decision to grant superintendent Tyler Lee a new trial. 

Berkel had argued the lower court — which initially nixed the award and ended the case in July 2017 before reconsidering in January...

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