Samuel Adams Flores v. Oil-Tech Construction, LLC

Court of Appeals of Texas

Samuel Adams Flores v. Oil-Tech Construction, LLC

DecidedAugust 31, 2022

Docket11-20-00208-CV

StatusPublished

This text of Samuel Adams Flores v. Oil-Tech Construction, LLC (Samuel Adams Flores v. Oil-Tech Construction, LLC) 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

Samuel Adams Flores v. Oil-Tech Construction, LLC, (Tex. Ct. App. 2022).

Pincite

Opinion

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT

Samuel Adams Flores, * From the 161st District Court of Ector County, Trial Court No. B-17-05-0558-CV.

Vs. No. 11-20-00208-CV * August 31, 2022

Oil-Tech Construction, LLC, * Memorandum Opinion by Bailey, C.J. (Panel consists of: Bailey, C.J., Trotter, J., and Wright, S.C.J., sitting by assignment) (Williams, J., not participating)

This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, we reverse the judgment of the trial court with respect to Samuel Adams Flores’s negligence claim for failure to provide a necessary instrumentality, and we remand that claim to the trial court for further proceedings. We affirm the judgment of the trial court with respect to Samuel Adams Flores’s claims based on a duty to warn, a duty to train, negligence per se, and gross negligence. The costs incurred by reason of this appeal are taxed 50% against Samuel Adams Flores and 50% against Oil-Tech Construction, LLC.

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

11TH COURT OF APPEALS EASTLAND, TEXAS JUDGMENT

Samuel Adams Flores, * From the 161st District Court of Ector County, Trial Court No. B-17-05-0558-CV.

Vs. No. 11-20-00208-CV * August 31, 2022

Oil-Tech Construction, LLC, * Memorandum Opinion by Bailey, C.J. (Panel consists of: Bailey, C.J., Trotter, J., and Wright, S.C.J., sitting by assignment) (Williams, J., not participating)

This court has inspected the record in this cause and concludes that there is error in the judgment below. Therefore, in accordance with this court’s opinion, we reverse the judgment of the trial court with respect to Samuel Adams Flores’s negligence claim for failure to provide a necessary instrumentality, and we remand that claim to the trial court for further proceedings. We affirm the judgment of the trial court with respect to Samuel Adams Flores’s claims based on a duty to warn, a duty to train, negligence per se, and gross negligence. The costs incurred by reason of this appeal are taxed 50% against Samuel Adams Flores and 50% against Oil-Tech Construction, LLC.

Cite This Page — Counsel Stack

Bluebook (online)

Samuel Adams Flores v. Oil-Tech Construction, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/samuel-adams-flores-v-oil-tech-construction-llc-texapp-2022.