Smith v. Babcock & Wilcox Construction Co.

We decide in this case whether the trial court abused its discretion in refusing to reinstate a case dismissed for want of prosecution when plaintiffs’ attorney failed to appear for trial. The court of appeals affirmed the dismissal. 915 S.W.2d 22. We reverse.

James Smith was injured on a construction jobsite while employed by a subcontractor and received compensation benefits from Lumbermen’s Mutual Casualty Co. Smith and his wife then filed this suit for damages in Travis County against the general contractor, Babcock & Wilcox Construction Co., and the project owner, the City of Austin…