Wright v. Gifford-Hill & Co., Inc.

WALLACE, Justice.

This case requires us to decide whether a plaintiff must obtain a jury finding on the amount of actual damages as a prerequisite to recovery of exemplary damages under TEX.REV.CIV.STAT.ANN. art. 8306 § 5. We hold she does not.

Charles Wright was killed while attempting to repair a cement mixer at the Gifford-Hill & Company pipe plant where he was employed. His wife, Reva U. Wright, brought this suit to recover exemplary damages for the death of her husband alleging Gifford-Hill had failed to provide him with a safe place to work.

At the close of trial, Mrs. Wright requested…