Texas Employers' Insurance Ass'n v. Courtney

I respectfully dissent. The proof in this case establishes an occurrence that is traceable to a definite time and place. It does not establish that the occurrence resulted in or caused any strain or overexertion. The occurrence came at about 8:45 a.m. just as the Phillips Petroleum Company crew arrived in the field to repair a leaking gas line. Debra Barnes, a co-employee and witness for the Appellee, testified that she was standing on the left side of the truck, toward the rear, and she said, “I could see him (Mr. Courtney) clearly.” She testified that he had raised the lid on the tool box…