National Surety Corp. v. Rushing

KEITH, Justice.

Defendant below appeals from an adverse judgment based upon a jury verdict which awarded plaintiff workers’ compensation for total and permanent disability payable in a lump sum. There is no attack upon the legal or factual sufficiency of the evidence and our brief factual statement will serve only to put the present complaints into focus.

The parties had engaged in extensive pretrial preparation including interrogatories served by the defendant upon the plaintiff pursuant to Tex.R.Civ.P. 168, as amended in 1973. 1 Interrogatory number thirty-eight asked plaintiff to name each…