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Although no direct evidence reveals why the employee went into the trench again after work there had been completed for the day, in light of the evidence of what had been happening at the site immediately before the accident and what would have been happening immediately afterwards, the most reasonable inference is that he was acting in the course and scope of his employment when the accident occurred.
April 24, 2006 at 12:00 AM
1 minute read
The original version of this story was published on Texas Lawyer
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