Varela v. American Petrofina Co. of Texas

WALLACE, Justice.

This is an appeal from a third-party negligence action brought by an employee covered by workers’ compensation insurance. The trial court submitted an issue inquiring as to the negligence of the employee, the employer and the third-party defendant. Judgment was rendered for the amount of damages found by the jury reduced by the proportion of negligence of both the employee and the employer. The court of appeals affirmed. 644 S.W.2d 903. We reverse the judgments of the courts below and render judgment for the employee for the total amount of damages found by the jury reduced…