Otis Elevator Co. v. Joseph

JACK SMITH, Justice.

In this worker’s compensation, wrongful death action, the jury found that the appellant’s gross negligence caused Donald Joseph’s death. Based on the jury findings, the judge awarded exemplary damages of $175,000 to the appellee.

The appellee’s husband, Donald Joseph, was killed while in the course and scope of his employment with the appellant. The deceased was installing an elevator for the appellant. While he was underneath the elevator, it moved downward and crushed him. Finding that the appellant had been grossly negligent and that this negligence was the proximate…