National Union Fire Insurance Co. of Pittsburgh v. De La Cruz

781 S.W.2d 697, 1989 Tex. App. LEXIS 3176, 1989 WL 160637
CourtCourt of Appeals of Texas
DecidedNovember 30, 1989
DocketNo. 04-88-00237-CV
StatusPublished
Cited by3 cases

This text of 781 S.W.2d 697 (National Union Fire Insurance Co. of Pittsburgh v. De La Cruz) 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
National Union Fire Insurance Co. of Pittsburgh v. De La Cruz, 781 S.W.2d 697, 1989 Tex. App. LEXIS 3176, 1989 WL 160637 (Tex. Ct. App. 1989).

Opinions

REEVES, Justice.

This appeal involves a worker’s compensation suit filed by Yolanda De La Cruz, hereinafter referred to as appellee. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, hereinafter referred to as appellant, complains of a judgment, notwithstanding the verdict, favorable to appellee. We reverse and remand for a new trial.

Appellee was employed as a meat slicer and packer for Roegelein Packing Company from 1972 to March 1985. During this time, she sustained at least three (3) injuries to her hands. A 1978 injury to the right hand required surgery in 1979. In January of 1983, she injured both hands and had surgery on the left hand. Testimony established that after 1983, appellee was never again completely free of pain in either hand. In March of 1985, she informed her supervisor that her hands were hurting. He, in turn, notified Maria Lopez, Roegelein’s personnel and safety director. Lopez testified that she had already [699]*699learned from appellee’s physician, Dr. Joel Rutstein, that appellee was no longer physically capable of doing her job because of the on-going pain. After a personal discussion with appellee, Lopez terminated her employment. In August of 1986, appellee filed suit on Roegelein’s worker’s compensation policy, claiming that she was totally and permanently incapacitated within the meaning of the Texas Worker’s Compensation Act.

The basis of contention in this appeal concerns the questions presented to the jury, reproduced as follows:

ISSUE NO. 1
Do you find that YOLANDA DE LA CRUZ received an injury to her left hand on or about March 27, 1985, while in the course of her employment with Roege-lein Company as the result of repetitious physical traumatic activities extending over a period of time?
(Answer “Yes” or “No.”)
ANSWER: Yes
ISSUE NO. 2
Was the injury a producing cause of any total loss of use of YOLANDA DE LA CRUZ’ left hand?
(Answer “Yes” or “No.”)
ANSWER: Yes
If you have answered “Yes” to Issue No. 2, then answer Issue Nos. 2A and 2B; otherwise do not answer Issue Nos. 2A and 2B.
ISSUE NO. 2A
Find the beginning date of such total loss of use. (By stating the month, date, and year.)
ANSWER: March 27, 1985
ISSUE NO. 2B
Find the duration of such total loss of use. (By answering “permanent” or by stating the ending date.)
ANSWER: Permanent1
ISSUE NO. 4
Do you find that YOLANDA DE LA CRUZ received an injury to her right hand on or about March 27, 1985, while in the course of her employment with Roegelein Company as the result of repetitious physical traumatic activities extending over a period of time?
(Answer “Yes or “No.)
ANSWER: Yes
If you have answered “Yes” to Issue No. 4, then answer Issue No. 5; otherwise do not answer Issue No. 5.
ISSUE NO. 5
Was the injury a producing cause of any total loss of use of YOLANDA DE LA CRUZ’s right hand?
(Answer “Yes” or “No.”)
ANSWER: Yes
If you have answered: “Yes” to Issue No. 5, then answer Issue Nos. 5A and 5B; otherwise do not answer Issue Nos. 5A and 5B.
ISSUE NO. 5A
Find the beginning date of such total loss of use. (By stating month, date and year.)
ANSWER: March 27, 1985
ISSUE NO. 5B
Find the duration of such total loss of use. (By answering “Permanent” or by stating the ending date.)
ANSWER: Permanent
If you have answered “Yes” to either Issue No. 2 or Issue No. 3, then answer Issue No. 10; otherwise do not answer Issue No. 10.
ISSUE NO. 10
Do you find that the injury of January 3,1983, has not contributed to the loss of use of the left hand found by you?
(Answer: “It has not contributed: or “It has contributed”)
ANSWER: It has contributed
[700]*700If you have answered “It has contributed” to Issue No. 10, then answer Issue No. 11; otherwise do not answer Issue No. 11.
ISSUE NO. 11
Find the percentage, if any, that the injury of January 3, 1983, has contributed to the loss of use found by you.
(Answer by giving a percentage, if
any).
ANSWER: 100%
If you have answered “Yes” to either •Issue No. 5 or Issue No. 6, then answer Issue No. 12; otherwise do not answer Issue No. 12.
ISSUE NO. 12
Do you find that the injury of January 3, 1983, has not contributed to the loss of use of the right hand found by you?
(Answer: “It has not contributed” or “It has contributed”)
ANSWER: It has contributed
If you have answered “It has contributed:” to Issue No. 12, then answer Issue No. 13; otherwise do not answer Issue No. 13.
ISSUE NO. 13
Find the percentage, if any, that the injury of January 3, 1983, has contributed to the loss of use found by you.
(Answer by giving a percentage, if any.)
ANSWER: 100%
If you have answered “Yes” to either Issue No. 5 or Issue No. 6, then answer Issue No. 14; otherwise do not answer Issue No. 14.
ISSUE NO. 14
Do you find that the injury of September 30, 1978, has not contributed to the loss of use of the right hand found by you?
(Answer “It has not contributed” or “It has contributed”)
ANSWER: It has contributed
If you have answered "It has contributed” to Issue No. 14, then answer Issue No. 15; otherwise do not answer Issue No. 15.
ISSUE NO. 15
Find the percentage, if any, that the injury of September 30, 1978, has contributed to the loss of use found by you?
(Answer by giving a percentage, if any.)
ANSWER: 100%

Appellant’s first six points of error allege that the trial court abused its discretion in disregarding the jury’s answers to questions 10 through 15, because there was some evidence to support the answers given by the jury.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Parker v. Spartanburg Sanitary Sewer District
607 S.E.2d 711 (Court of Appeals of South Carolina, 2005)
Port Terminal RR Ass'n v. Richardson
808 S.W.2d 501 (Court of Appeals of Texas, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
781 S.W.2d 697, 1989 Tex. App. LEXIS 3176, 1989 WL 160637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-union-fire-insurance-co-of-pittsburgh-v-de-la-cruz-texapp-1989.