Applying the standard of evidentiary review adopted in Southwestern Bell Telephone Co. v. Garza, ___ S.W.3d ___ (Tex. 2004), the court concludes that there is no clear and convincing evidence supporting the jury's finding that Diamond Shamrock was grossly negligent more specifically, that Diamond Shamrock was actually, subjectively aware of the risk to the worker and was nevertheless consciously indifferent to his welfare.
January 31, 2005 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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