Legal Opinion

Mabra v. Transport Insurance Co.

Court of Appeals of Texas

Decided December 3, 1971No. 17738PublishedCited by 2 opinions

1Opinion of the Court

BATEMAN, Justice.

The only question before us in this workmen’s compensation case is whether the trial court properly diminished the claimants recovery of benefits by 50 per cent on jury findings that a prior injury had contributed 50 per cent to the incapacity. We hold that it was not proper and reform the judgment accordingly.

The appellant Paul W. Mabra was injured on May 20, 1969 in the course and scope of his employment by Red Ball Motor Freight, Inc. as a long-haul truck driver. The injury was a ruptured disc in his lower back on the right side. After surgical removal of the disc he…

2Cases cited7 opinions

  1. C. & R. TRANSPORT, INC. v. CampbellTexas Supreme Court · 1966
  2. Butler v. HansonTexas Supreme Court · 1970
  3. St. Paul Fire & Marine Insurance Co. v. MurphreeTexas Supreme Court · 1962
  4. Federal Underwriters Exchange v. PriceCourt of Appeals of Texas · 1940
  5. Charter Oak Fire Insurance Company v. DewettCourt of Appeals of Texas · 1970

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3Cited by2 opinions

  1. Transport Insurance Company v. MabraTexas Supreme Court · 1972
  2. Bituminous Casualty Corporation v. MartinCourt of Appeals of Texas · 1972

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