• CSC tag_orngBlu
  • Conference
      • About
        • About the Conference
        • Floor Plan / Sponsor List
        • Sponsors
        • FAQ
        • Contact Us
        • Health & Safety
      • Hotel & Travel
        • Hotel Accomodations
        • Travel Information
      • Attend
        • Why Attend?
        • Registration & Pricing
        • Agenda At-A-Glance
        • Conference Schedule
        • MCLE Accreditation
        • Speakers
        • Speaker Resources
      • Sponsor
        • Why Sponsor?
        • Sponsor / Inquire
        • Sponsor Resource Center
        • Sponsorship & Advertising
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup
  • .
  • Conference
    • About
      • About the Conference
      • Floor Plan / Sponsor List
      • Sponsors
      • FAQ
      • Contact Us
      • Health & Safety
    • Attend
      • Why Attend?
      • Registration & Pricing
      • Agenda At-A-Glance
      • Conference Schedule
      • MCLE Accreditation
      • Speakers
      • Speaker Resources
    • Sponsor
      • Why Sponsor?
      • Sponsor / Inquire
      • Sponsor Resource Center
      • Sponsorship & Advertising
    • Hotel & Travel
      • Hotel Accomodations
      • Travel Information
  • News
    • Latest News
  • Subscribe
    • Newsletter Signup

December 9-11, 2025
Hyatt Regency Coconut Point, Bonita Springs, FL

Register Sponsor
Q

Latest News

August 29, 2017

Personal Injury Rules Clarified in Texas Construction Case

Latest News
Economic Forecasts | Ethics and Compliance | Infrastructure and Transportation | Insurance and Surety | Latest News | Litigation Strategies/Dispute Resolution | News | Risk & Contract Management | Workforce and Labor
August 29, 2017

Personal Injury Rules Clarified in Texas Construction Case

A $43.5 million verdict is overturned by the appeals court.

Texas law has clearly defined regulations outlining what recourse is available for a worker injured on a construction site.

As an article in the Houston Chronicle explains, the Texas Fourteenth Court of Appeals recently overturned a $43.5 million verdict because, based upon Texas law, the plaintiff’s injury did not meet the statutory requirements required for a personal injury suit against the subcontractor that caused the injury.

“Tyler Lee, who worked for Skanska USA Building, the general contractor for [an] office building project” had his leg crushed when a crane operated by “Berkel & Company, a subcontractor, collapsed.

Mr. Lee sued Berkel “for negligence, gross negligence and intentional injury… A jury awarded Lee $35 million in actual damages and $8.5 million in exemplary damages.”

Upon appeal, this verdict was overturned by the Court of Appeals “because the healthcare and income replacement benefits provided through no-fault Texas workers compensation is the sole remedy for non-fatal workplace accidents.”

Skanska provided workers compensation for its subcontractors as well as for its own employees.

Under Texas state law, filing for workers compensation is the only avenue of compensation for a jobsite injury unless the accident results in a death or the actions of the defendant were intentional.

In this case, although the injuries were significant they were no fatal. And there was compelling evidence that although the crane operator and his superintendent were, arguably, negligent they did not intentionally collapse the crane on Mr. Lee’s leg.

The Appeals court ruling is a victory for common sense. Mr. Lee was not precluded from obtaining compensation for his injury. But statutes enacted to protect contractors from having to pay excessive damages were enforced.

Source—

Texas Appeals Court Overturns $43.5M Verdict to Injured Construction Worker, Houston Chronicle, reprinted at enr.com, July 14, 2017.

Economic Forecasts•Ethics and Compliance•Infrastructure and Transportation•Insurance and Surety•Latest News•Litigation Strategies/Dispute Resolution•News•Risk & Contract Management•Workforce and Labor

SHARE

Share on Email
Share on Linkedin
Share on Facebook
Share on Pinterest
Share on Twitter
← Previous Article Next Article →
Latest News Latest NewsNews

AGC: “Extreme” Price Hikes for Steel and Aluminum

“The huge increases in steel and aluminum tariffs appears to have enabled domestic producers to push up their selling prices,” said Ken Simonson, the association’s chief economist.

Latest News Latest NewsNews

NYC Attorney Confirms: Defects on the Rise

Carol A. Sigmond, partner at Greenspoon Marder LLP, is seeing a trend; construction defects are on the rise.

Latest News Latest NewsNews

AGC: “Extreme” Price Hikes for Steel and Aluminum

“The huge increases in steel and aluminum tariffs appears to have enabled domestic producers to push up their selling prices,” said Ken Simonson, the association’s chief economist.

Latest News Latest NewsNews

Pricing Risk in Construction – CSC Session Preview

How do you factor in risk from tariffs, immigration crackdowns, and political unrest? CSC will tackle it all.

Latest News Latest NewsNews

Tariffs Drive Up Prices On Key Construction Materials

Steep tariff increases on aluminum and steel, along with a recent tariff on raw copper, drove the producer price index.

Latest News Latest NewsNews

Expanding Roles for In-House Counsel

According to John Fedun, many services that have traditionally been outsourced are now being brought in-house.

Latest News Latest NewsNews

Conference Connections and In-Person Education 

Why spend the time, money, and effort in the digital age? We asked why CSC attendees continue to make the trip.

Latest News Latest NewsNews

Construction Spending Decreases by 0.3 Percent

It's the largest year-over-year decrease since February 2019, according to an analysis by the AGC.

SHOW INFORMATION

SIGN UP

Register now for the opportunity to connect with thousands of atttendees and vendors

Register
Sponsor / Inquire
FOLLOW US ON
  • Follow
  • Follow
  • Follow
Emerald Logo
© 2025 Emerald X, LLC. All Rights Reserved
ABOUTCAREERSAUTHORIZED SERVICE PROVIDERSYour Privacy ChoicesTERMS OF USEPRIVACY POLICY