Gordon v. Phillips Utilities, Inc.

Justice WALLER:

This is a negligence case in which the trial court granted partial summary judgment to the respondent on the appellant’s claim of a set-off in the amount of workers’ compensa tion benefits which the respondent received from his employer. We affirm.

FACTS

The respondent Theodore Gordon (Gordon) was injured while working for Seven Star Construction Company (Seven Star). Gordon and his crew were preparing to tie into an underground water line that had been previously installed and inspected by appellant Phillips Utilities, Inc. (Phillips). A steel cap weighing over fifty pounds…