Mrs. Thomas J. Ballenger v. Mobil Oil Corporation

SIMPSON, Circuit Judge:

Mobil Oil Corporation appeals from an adverse jury verdict in a diversity suit brought against it by the survivors of Thomas J. Ballenger. The deceased was at’ all relevant times an employee of Mobil and died from burns sustained after an explosion and fire in Mobil facilities located in Beaumont, Texas, on April 23, 1970. Mrs. Ballenger and the two surviving minor children brought suit under Art. 8306, Sec. 5, Vernon’s Ann.Civ. St., alleging gross negligence on the part of Mobil. The Texas statute permits recovery of punitive damages from an employer for work related…