Drilex Systems, Inc. v. Flores

961 S.W.2d 209, 1996 WL 729121
CourtCourt of Appeals of Texas
DecidedFebruary 9, 1998
Docket04-94-00586-CV
StatusPublished
Cited by5 cases

This text of 961 S.W.2d 209 (Drilex Systems, Inc. v. Flores) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Drilex Systems, Inc. v. Flores, 961 S.W.2d 209, 1996 WL 729121 (Tex. Ct. App. 1998).

Opinions

CHAPA, Chief Justice.

This appeal is from a personal injury judgment in favor of the appellees. The appellants raise five points of error contending: (1) erroneous exclusion of an expert witness; (2) jury charge error; (3) insufficient evidence to support product liability claim; (4) insufficient evidence to support negligence claim; and (5) erroneous allocation of settlement credit. We overrule appellants’ first four points of error, but we sustain the fifth point of error relating to the allocation of the settlement credit.

SUMMARY OF FACTS

Jorge Flores (“Flores”) sustained a hand injury while employed as a roughneck/floor-hand by Helmerich and Payne (“H & P”). The injury was sustained during the drilling of a well for Amoco Production Company (“Amoco”). The appellees settled with Amoco and proceeded to trial on their product defect and negligence claims against Drilex Systems, Inc., Masx Energy Services Group, Inc. and Masco Industries, Inc. (“Drilex”).

Amoco leased a special drilling nipple, also known as a stripper bucket or wiper box (hereinafter “bucket”), from Drilex for use in the drilling of the well where the injury to Flores occurred. The bucket was used to prevent drilling mud from being spilled on the rig floor by removing the mud from the drill pipe as it was extracted from the well. The bucket is moved by attaching a sling containing lifting hooks to the holes located at the top of the bucket. The bucket is then lowered down the drill string to the rotating head by attaching hoisting equipment to the sling. Flores was responsible for clamping the bucket to the rotating head after the bucket was lowered. The bucket must be properly aligned in order to clamp it to the rotating head.

Flores’ injury occurred during the process of lowering the bucket. The hooks on the sling slipped out of the bucket’s holes when slack in the line removed the tension from the sling. The unattached bucket then slid down the drill string onto Flores’ hand, which was resting on top of the rotating head.

Although the record is clear that Drilex leased the bucket to Amoco, the parties dispute whether Drilex also leased Amoco the sling. The appellees allege that both the sling and the bucket were defective, and Flores’ injury was caused by Drilex’s negligence or product defect. Drilex argued that the injury was a result of operational negligence on the part of H & P’s rigging crew and Amoco. Drilex specifically maintained that it was not liable for any defect or negligence attributable to the sling.

ARGUMENTS ON APPEAL

In five points of error, the appellants argue that the judgment should be reversed based on (1) erroneous exclusion of an expert witness; (2) jury charge error; (3) insufficient evidence to support product liability claim; (4) insufficient evidence to support negligence claim; and (5) erroneous allocation of settlement credit. We will address [212]*212the points of error in the order in which they were raised.

1. Exclusion of Expert Witness

In the first point of error, Drilex contends that the trial court erred in striking their expert, Randolph Acock (“Acock”). Drilex acknowledges invoking Tex.R. Civ. Evid. 614 (the “Rule”), resulting in the trial court’s order that all witnesses be excluded from the courtroom; however, Drilex maintains that experts are exempt from the Rule.

a. The Rule and Standard of Review

Upon the request of a party, TexR. Civ. Evid. 614 and Tex.R. Civ. P. 267(a) require a trial court to order the exclusion of all witnesses from the courtroom in order to prevent them from hearing the testimony of other witnesses. The purpose of the rule is to aid in ascertaining the truth by preventing one witness’s testimony from influencing another witness’s testimony. Century 21 Real Estate Corp. v. Hometown Real Estate Co., 890 S.W.2d 118, 130 (Tex.App.—Texarkana 1994, writ denied). Both rules provide for the exemption of three classes of witnesses from the Rule: (1) the parties; (2) the designated representative of a party that is not a natural person; and (3) a person whose presence is shown to be essential to the presentation of a party’s cause. Tex.R. Civ. Evid. 614; Tex.R. Civ. P. 267(b). In addition to exclusion from the courtroom, the court is required to instruct the witnesses that they are not to converse with each other or any other person regarding the case, except the attorneys. TexR. Civ. P. 267(d).

In reviewing a trial court’s refusal to allow testimony based on a violation of Tex.R. Civ. Evid. 614 and Tex.R. Civ. P. 267, the standard of review is whether the trial court abused its discretion. See Pierson v. Noon, 814 S.W.2d 506, 509 (Tex.App.—Houston [14th Dist.] 1991, writ denied). Abuse of discretion is not shown by the fact that the trial court excluded testimony vital to a party’s case or that the appellate court would have decided differently. Gaines v. Frawley, 739 S.W.2d 950, 955 (Tex.App.—Fort Worth 1987, no writ). Reversible error only exists where the ruling is arbitrary and unreasonable. Pierson, 814 S.W.2d at 509.

b. Analysis

Although expert witnesses are typically found to be exempt from the Rule as a person whose presence is essential to the presentation of a party’s cause, the Rule itself does not expressly exempt all expert witnesses. See Elbar, Inc. v. Claussen, 774 S.W.2d 45, 52 (Tex.App.—Dallas 1989, writ ref d n.r.e.). Furthermore, it would not appear that an exemption from exclusion from the courtroom thereby permits a witness to freely converse with the parties and other witnesses regarding the case. Allowing an expert witness to be present and hear sworn testimony regarding the facts underlying the basis of the expert’s opinion is far different than permitting the expert to openly discuss the testimony with the parties and other expert witnesses.

No effort was made by appellants to have the trial court exclude Acock from the Rule when it was invoked by requesting a finding that Acoek’s presence was essential to the presentation of appellants’ case. In fact, Acock testified in his Bill of Exceptions that hearing the testimony given in the courtroom was not necessary to the formation of his opinions. Furthermore, it is clear from the record that not only was Acock present during the testimony of another witness after the Rule was invoked, but he also discussed the case with the party’s representative and another expert witness. Therefore, the trial court did not abuse its discretion in striking Acock as an expert witness.

Even assuming that the trial court did err in excluding Acock, the error would not be grounds for reversal unless it amounted to such a denial of the appellants’ rights that it probably caused the rendition of an improper judgment. Tex.R.App. P. 81(b)(1). Error in the exclusion of evidence does not require reversal if it is cumulative of other evidence. Mentis v. Barnard, 870 S.W.2d 14, 16 (Tex.1994). Based on the record in the case at bar, Acock’s testimony would have been cumulative of other testimony and [213]*213evidence.

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Bluebook (online)
961 S.W.2d 209, 1996 WL 729121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/drilex-systems-inc-v-flores-texapp-1998.