New Trial – Pet. Granted

  • In re Enterprise Refined Products Company, LLC
    • 091800069CV, 2018 WL 2246584
    • 172nd District Court of Jefferson County
    • Per Curiam, May 17, 2018
  • The trial court granted plaintiff’s motion for new trial after the jury apportioned responsibility 70% on the plaintiff and 30% on the defendant.
  • Further, trial court held that (1) insufficient evidence supported the jury’s findings on plaintiff’s contributory negligence, (2) the great weight and preponderance of the evidence supports larger damage awards than the jury awarded, and (3) the defendant’s jury argument that plaintiff should not have been on the gangway because he was supposed to be on light duty due to a previous injury was improper and so prejudicial that it could not have been cured by an instruction to disregard, and a new trial was required.
  • Ninth Court held that (1) there was ample evidence for the jury to place liability on the plaintiff, (2) the finding of liability rendered the damages questions immaterial, and (3) the defense’s argument did not reach to the level of being incurable. The trial court is to vacate its order granting new trial and reinstate the jury’s findings.