AMERICAN STATES INS. CO. OF TEXAS v. Caddell

SUMMERS, Chief Justice.

This is a worker’s compensation case. The employee, Bennie Caddell, was killed from injuries sustained in an automobile accident when he failed to negotiate a curve and collided with a tree. Employee’s surviving wife, Juanita Caddell, brought suit in the trial court to recover workman's compensation death benefits pursuant to Article 8306, § 8a. 1 Her contention was that her husband was killed in the automobile accident while in the course and scope of his employment for Caddell Drywall Company, Inc.

The case was tried before a jury on the single issue of whether the…