Marathon Oil Co. v. Sterner

SPEARS, Justice.

James E. Sterner brought this suit against Marathon Oil Company to recover damages for personal injuries allegedly resulting from exposure to some unidentified gas while working on the Marathon premises. The primary issue before this court is whether the ease was properly submitted to the jury on a res ipsa loquitur theory. The trial court found that there was some evi dence of negligence and submitted the case to the jury on a res ipsa loquitur theory. The jury found for Sterner on four special issues 1 , and the trial court rendered judgment for Sterner. The court of civil…