HOUSTON - The 14th Court of Appeals today reversed a judgment of approximately $4 million in damages in a suit alleging a man was injured while working at an oil and gas processing facility in West Texas.
According to the opinion, Michael Chiles was injured when pressurized fluid unexpectedly shot out of the end of a hose he was carrying. He was thrown to the ground and taken to the hospital shortly thereafter, where he was diagnosed with a torn rotator cuff that required two separate surgeries to repair.
Chiles sued Priority Artificial Lift Services and EP Energy. At trial, the jury returned a verdict finding Priority was 20 percent liable and EP Energy was 80 percent liable for his injuries, assessing approximately $4 million in damages. The trial court signed a final judgment incorporating the jury’s findings.
On appeal, Priority argued the trial court erred by denying its request to submit a borrowed employee jury question, and that the evidence is insufficient to support the jury’s damage assessments for Chiles’ future medical expenses, mental anguish, and physical impairment.
EP Energy also raised several issues on appeal, one of which was that the evidence was legally insufficient to support the jury’s liability finding.
The 14th Court concluded that the trial court abused its discretion by denying Priority’s borrowed employee jury question, which constitutes a reversible error requiring a new trial.
“We sustain Priority’s issue challenging the trial court’s refusal to submit its borrowed employee jury question and, because of this error, remand the case for a new trial,” the opinion states. “In light of our disposition of this issue, we need not reach the other issues raised on appeal.”
Appeals case No. 14-22-00473-CV