Cavazos v. Fidelity & Casualty Co. of New York

OPINION

BISSETT, Justice.

This is an appeal from a workmen’s compensation stroke case. During the trial and at the close of Cavazos (claimant’s) evidence, the court withdrew the case from the jury and instructed a take nothing verdict in favor of the Fidelity & Casualty Company (carrier). Claimant contends the trial court erred in granting Carrier’s Motion for Instructed Verdict because the evidence presented material issues which should have been submitted to the trier of facts. We affirm.

Up to the time of trial claimant had been employed as a locksmith for the past 26 years. His job as a…