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Paul Dew fell to his death through a floor opening on an offshore drilling rig under construction. His family sued the rig owner, designer, and the derrick erector, Crown Derrick Erectors. A jury found negligence by all parties, including Paul Dew. Crown Derrick appealed, arguing no legal duty, no breach of duty, lack of proximate cause, and error in refusing a jury instruction on new and independent cause. The appellate court concluded that Crown Derrick owed a duty of care, and there was legally sufficient evidence of breach and proximate cause for the jury's finding. However, the court reversed and remanded for a new trial, finding that the trial court erred by refusing to submit a jury instruction on new and independent cause, which was a critical and disputed issue for the jury's determination of proximate cause.
Crown Derrick Erectors, Inc. v. Dew is a workers' compensation case decided in Texas Court of Appeals, 9th District (Beaumont). This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Texas Court of Appeals, 9th District (Beaumont).
Full Decision Text1 Pages
Paul Dew fell to his death through a floor opening on an offshore drilling rig under construction. His family sued the rig owner, designer, and the derrick erector, Crown Derrick Erectors. A jury found negligence by all parties, including Paul Dew. Crown Derrick appealed, arguing no legal duty, no breach of duty, lack of proximate cause, and error in refusing a jury instruction on new and independent cause. The appellate court concluded that Crown Derrick owed a duty of care, and there was legally sufficient evidence of breach and proximate cause for the jury's finding. However, the court reversed and remanded for a new trial, finding that the trial court erred by refusing to submit a jury instruction on new and independent cause, which was a critical and disputed issue for the jury's determination of proximate cause.
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