Dallas Independent School District v. Porter

759 S.W.2d 454 (1988)

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Dallas Independent School District v. Porter

Texas Court of Appeals
759 S.W.2d 454 (1988)

Facts

Woodrow Porter Jr. was a janitor for the Dallas Independent School District (DISD) (defendant). Porter lived across the street from the elementary school where he worked. On April 26, 1978, Porter was working at the school when he saw a child, later identified as Mondell Washington, near Porter’s car parked at his house. Thinking that Washington was committing vandalism, Porter went across the street and spanked Washington. Later that day, Washington’s grandmother arrived at the school and requested to speak to Porter. Porter was called into his supervisor’s office for a meeting with Washington’s grandmother, which devolved into a heated argument. The supervisor sent Porter back to work. Later, Washington’s grandmother left the office, found Porter, and shot and killed him. Porter’s widow (plaintiff) sued to recover death benefits under the Texas Workers’ Compensation Act. The trial court entered judgment in favor of Porter’s widow. DISD appealed.

Rule of Law

Issue

Holding and Reasoning (McKay, J.)

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