Silsbee Hospital, Inc. D/B/A Columbia Silsbee Doctors Hospital v. Lonny George
Lonny George, an employee of Silsbee Hospital, Inc., a nonsubscriber to workers' compensation, sustained injuries and sued the hospital. He had signed a waiver agreement related to an employee benefit plan, which the hospital contended released them from liability for personal injuries. The Court of Appeals examined the waiver agreement's language, applying contract construction rules and the express negligence doctrine, and found it only applied to the parent company, Columbia/HCA Healthcare Corporation, not the subsidiary Hospital, as George's injuries arose from employment with the Hospital. The court also rejected the Hospital's affirmative defenses of ratification, release, waiver, and estoppel. However, the appellate court determined there was harmful error in jury selection due to the trial court's failure to strike two unequivocally biased veniremembers. Consequently, the judgment was reversed and the case remanded for a new trial.