Sharpe v. Safway Scaffolds Co. of Houston
Charles Michael Sharpe, an apprentice electrician, was injured when the movable scaffolding he was working on overturned. He sued Safway Scaffolds Company of Houston, Inc. (lessor) and Fairbanks Company (wheel manufacturer). Fairbanks and the scaffolding manufacturer (Saf-way Steel Products) settled before trial. The jury found that the scaffolding was not defective, that Sharpe's negligence was the proximate cause of the accident, and awarded "0" damages. Sharpe appealed, arguing legal and factual insufficiency of evidence regarding the scaffolding's defectiveness and warnings, improper cross-examination, improper special issue submission, and failure to grant a mistrial due to jury conduct. The appellate court reviewed the evidence, finding conflicting testimony created fact issues for the jury, and upheld the jury's findings on negligence and lack of damages, bound by precedent. The court affirmed the lower court's judgment.