Rosales v. Argonaut Southwest Insurance Co.

BARROW, Chief Justice.

Appellant has appealed from a judgment entered on a jury verdict whereby he recovered 25 weeks of total temporary incapacity and 116 weeks of partial temporary incapacity in his suit brought under the Texas Workmen’s Compensation Act. Appellant asserts under his single point of error that the trial court erred in overruling his motion for a new trial because of jury misconduct during the jury’s deliberations.

Appellant injured his back on April 11, 1974 while lifting a heavy container in the course of his employment for Industrial Disposal Service. He testified that he…