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Our order entered on February 15,staying the enforcement of the judgment in this case, will remain in effect for fifteen days after the date this opinion is issued to Lmc case solution the parties to seek further review of our security determination.
Background LMC is an auto repair shop. Burke worked for LMC as a body repair man. Mario Ramirez also worked for LMC, as a porter, and his job duties included cleaning and moving vehicles around the shop.
Ramirez was hanging onto the door and the steering wheel and the vehicle was dragging him outside. Apparently, Ramirez was attempting to push the vehicle into the shop by himself when he lost control of it.
Burke ran in front of the vehicle and stopped it by hand. Burke immediately experienced Lmc case solution in his back, but he initially thought that he had just strained some muscles.
Ramirez, Burke, and a third employee then pushed the vehicle into the shop. Burke told a manager about the incident and went home immediately because of his back pain. Burke eventually sought medical treatment, including two back surgeries, due to the injury.
Before the incident with the vehicle, Burke witnessed Ramirez engage in other negligent acts while working at LMC. On one occasion, Ramirez drove an SUV into the shop too quickly, but Burke managed to stop him just before he ran over another employee.
On another occasion, Ramirez placed an open can of gasoline near an employee who was welding. Burke quickly moved the can to prevent an accident. On a third occasion, Burke saw Ramirez using an electric buffer with the extension cord running through a pool of water.
Burke warned Ramirez to move the extension cord but he continued buffing. Burke reported each of these incidents to management at LMC, but he never saw anyone say anything to Ramirez.
LMC did not hold organized safety meetings. In making this determination, we credit favorable evidence if a reasonable fact-finder could, and disregard contrary evidence unless a reasonable fact-finder could not. So long as the evidence falls within the zone of reasonable disagreement, we may not substitute our judgment for that of the fact-finder.
The trier of fact is the sole judge of the credibility of the witnesses and the weight to give their testimony. Although we consider the evidence in a light most favorable to the challenged findings, indulging every reasonable inference that supports them, we may not disregard evidence that allows only one inference.
Contributory negligence is not a defense in nonsubscriber cases. A negligence cause of action has three elements: Foreseeability exists if the actor, as a person of ordinary intelligence, should have anticipated the dangers his negligent act creates for others.
City of Mesquite, S. An employer has a duty to use ordinary care in providing a safe workplace. M M Cattle Co. An employer must furnish safe machinery and instrumentalities with which its employees are to work and provide adequate assistance under the circumstances for the performance of required work.
See Elwood, S. The evidence is also undisputed that LMC did not hold safety meetings or train its employees on how to move vehicles. See Travis, S. We hold that the evidence presented would enable reasonable and fair-minded people to reach the verdict under review.
See City of Keller, S. Burke underwent two back surgeries after the accident at LMC. Burke told Mims that he thought the accident at LMC might have caused his back injury.
Burke also testified that he never experienced back pain before the accident. Mims also testified that, within a reasonable degree of medical certainty, the accident at LMC caused Burke to have to undergo the two surgeries.
Mims testified that it is common for doctors to rely on the reports of patients in determining the cause of an injury. The following exchange occurred at trial: Burke was necessitated by something that happened on April the 11th, ? What-help me a little bit.
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LMC strives to provide a discrimination-free environment, and to recruit, select, on-board, and employ all employees without regard to race, color, religion, sex, age, disability, national origin, veteran status, or pregnancy, childbirth, or related medical conditions, including but not limited to, lactation.
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