Legal Opinion
Texas Workers' Compensation Insurance Fund v. Mandlbauer
Texas Supreme Court
Decided April 1, 1999No. 98-0509PublishedCited by 33 opinions
1Per curiam
The issue in this case is whether a plaintiff may complain on appeal when a trial court fails to submit a “sole cause” inferential rebuttal jury instruction if that failure could have harmed only an opponent. We conclude that a plaintiff may not do so.
The plaintiff in this case, Mike Mandl-bauer, was working for Apache Products on September 18, 1992, when a forklift accident caused him injuries that were covered by the Texas Workers’ Compensation Insurance Fund (“the Fund”). The treating doctor diagnosed Mandlbauer with a foot contusion and back strain and released him for light-duty work and…
2Cases cited7 opinions
- Jackson v. Fontaine's Clinics, Inc.Texas Supreme Court · 1973
- Buckholts Independent School District v. GlaserTexas Supreme Court · 1982
- Select Insurance Co. v. BoucherTexas Supreme Court · 1978
- Shell Petroleum Corp. v. GraysTexas Supreme Court · 1938
- Cook v. Caterpillar, Inc., Texas Court of Appeals, 7th District (Amarillo)1993
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Torrington Co. v. StutzmanTexas Supreme Court · 2001
- Texas Workers' Compensation Insurance Fund v. MandlbauerTexas Supreme Court · 2001
- Qaddura v. Indo-European Foods, Inc., Texas Court of Appeals, 5th District (Dallas)2004
- Town of Flower Mound v. TeagueCourt of Appeals of Texas · 2003
- Soon Phat, L.P. v. AlvaradoCourt of Appeals of Texas · 2013
28 more not listed; retrieve them via the Exa API.