Berkel & Co. v. Lee

This is an appeal from a final judgment rendered after a trial by jury in a personal-injury lawsuit. The injury occurred on a commercial construction site following the collapse of a crane. The claimant was the general contractor's superintendent, and he sued a subcontractor on claims of negligence, gross negligence, and intentional injury. The jury made findings in favor of the claimant, and the trial court rendered judgment based on the jury's award.

On original submission, we determined that the central issue was whether the Texas Workers' Compensation Act precluded the claimant's recovery…