O'CARROLL v. Texasgulf, Inc.

GREENE, Judge.

A1 Patrick O’Carroll (Plaintiff), administrator of the Estate of William C. O’Carroll (Decedent), appeals from the jury’s determination that Decedent’s death was not caused by the negligence of Texasgulf, Inc. (Defendant).

On 18 January 1991, Decedent, who was employed by Roberts Industrial Contractors (Roberts) as a pipe welder, was crushed to death when the trench in which he was working collapsed.

Defendant obtained Roberts as an independent contractor to perform excavation and welding work at its phosphate mine near Aurora, North Carolina. Roberts had held itself out to…