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SPLIT DECISION-GROSS NEGLIGENCE: Sufficiency of the Evidence, No. 04-17-00565-CV, Mora v. Valdivia


In Mora, the majority and dissent agreed on most issues, but split on whether there was sufficient evidence to support one the jury’s gross negligence findings. This case arose “from a personal injury suit filed after two constructions workers were traveling in their personal pickup truck, from San Antonio to Austin, immediately behind their foreman, and an unsecured toolbox fell out of their foreman’s trailer. The workers stopped to retrieve the toolbox and were struck by a third vehicle; one worker was injured and the other was killed.”

The majority discussed the evidence it held was sufficient to support the jury’s finding that the workers’ employer was liable for gross negligence by the acts/omissions of the employer’s Corporate Safety Director. See Maj. Op. at 26-36. The dissent would have held “the evidence is insufficient to support the jury’s finding of gross negligence based on any act or omission by” the Corporate Safety Director.

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