Burk Royalty Co. v. Walls

I respectfully dissent.

Recovery of exemplary damages under the worker’s compensation statute requires a showing of gross negligence, which has consistently been defined by this Court as that entire want of care which would raise the presumption of a conscious indifference to the consequences. Sheffield Division, Armco Steel Corporation v. Jones, 376 S.W.2d 825 (Tex.1964); Bennett v. Howard, 141 Tex. 101, 170 S.W.2d 709 (1943); Loyd Electric Company v. DeHoyos, 409 S.W.2d 893 (Tex.Civ.App.—San Antonio 1966, writ ref’d). In each of these cases, the court considered the correct standard of…