Texas Employers' Insurance Ass'n v. Espinosa

On Motion for Rehearing.

BARROW, Justice.

I respectfully dissent.

The majority have affirmed the judgment of the trial court solely upon the proposition that the injury to Espinosa’s left eye extended to and affected his body generally, thereby resulting in total and permanent incapacity. It is seen, however, that the evidence of incapacity relates only to the specific injury and the attempted utilization of the eye’s remaining use. Therefore, this case falls squarely within the rule set forth in Coleman v. Hartford Accident & Indemnity Co., Tex.Civ.App., 297 S.W.2d 236, *874writ refused, which…