Prestenbach v. Rains

EDITH H. JONES, Circuit Judge:

The Prestenbachs, plaintiffs, and the employer-intervenor, Texas Eastern Transmission Corporation, appeal from a judgment awarding plaintiffs 10% of Wayne Presten-bach’s damages caused by a work-related accident. Among the various points raised on appeal by these parties, two are significant: whether under La.Civ.Code art. 2324 B the question of Texas Eastern’s negligence should have gone to the jury, and how the statute meant to apportion such negligence in the judgment; and whether there was enough evidence, of Texas Eastern’s negligence to create a jury issue.…