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Texas Employers’ Insurance Association v. Price

Court of Civil Appeals of Texas, Eastland
336 S.W.2d 304 (Tex. Civ. App. 1960)


Facts

Loyal Grant Price (plaintiff) brought suit against the Texas Employers’ Insurance Association (TEIA) (defendant) to set aside an award to Price from the Industrial Accident Board. Price was injured on the job and the main question at trial was whether Price’s injury resulted in total and permanent incapacity or partial and temporary incapacity. The jury ruled in favor Price, finding that his injury resulted in total and permanent incapacity. The TEIA appealed on the grounds of jury misconduct. One of the jurors had persuaded another juror to agree with his side of the case by relaying his personal experiences to the jury during deliberations. Specifically, the juror told the jury that in his personal experience in union work and employment, Price had no chance of being hired in the future because of his back problems. Because of this inability to be hired, he stated, the jury should rule that Price’s injury resulted in total and permanent incapacity.

Rule of Law

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Issue

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Holding and Reasoning (Collings, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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