[DOWNLOAD] "Kroger Co. v. Keng" by In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel B ~ Book PDF Kindle ePub Free
eBook details
- Title: Kroger Co. v. Keng
- Author : In The Court Of Appeals For The Seventh District Of Texas At Amarillo Panel B
- Release Date : January 11, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The issue presented is whether a nonsubscriber to workers compensation insurance is entitled to a jury question regarding its employees alleged comparative responsibility for his or her injuries. Sonja Keng sued Kroger Company, a workers compensation nonsubscriber, for work-related injuries. The trial court rendered judgment on the jurys verdict for Keng, and Kroger appealed. Kroger complained that the trial court erred in refusing to submit a comparative-responsibility question to the jury. The court of appeals affirmed, holding that the comparative-responsibility statute does not apply to Kengs claim, and that Kroger, as a nonsubscriber, is prohibited from using its employees alleged negligence as a defense. 976 S.W.2d 882. Because Texas Labor Code § 406.033 precludes a finding of contributory negligence, which is a prerequisite to determining the parties comparative responsibility, we hold that a nonsubscribing employer is not entitled to a jury question on its employees alleged comparative responsibility. We therefore affirm the court of appeals judgment.