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Excel Corp. v. Apodaca6/27/2002
Argued on March 27, 2002
Jimmy Apodaca suffered from cumulative trauma disorders (CTDs) while working at Excel Corporation's beefpacking plant in Friona, Texas. He sued Excel, a nonsubscriber under the Texas Workers' Compensation Act, for negligence and gross negligence in failing to provide a safe workplace. The trial court rendered judgment on the jury's negligence verdict for Apodaca, and the court of appeals affirmed. 51 S.W.3d 686. In this cause, Excel challenges, among other things, whether legally sufficient evidence exists to support the jury's finding that Excel's negligence proximately caused Apodaca's injuries. We conclude that no evidence supports that finding, and accordingly reverse the court of appeals' judgment and render judgment that Apodaca take nothing.
Apodaca began working at Excel in 1978. He held a number of physically demanding positions before sustaining injuries to his neck, back, and wrist that ultimately resulted in his being unable to return to work in 1995. During his last three years at Excel, Apodaca worked as a cryovac 8300 operator. As a cryovac 8300 operator, Apodaca handled bags of meat weighing up to forty pounds, which were moved by a conveyor belt to a table located near him. As bags landed on the table, Apodaca would bend to grab a bag, turn towards the cryovac machine, and slide the bag onto a machine plate. The cryovac machine then removed air from the bag and sealed it. During a typical eight-hour shift, Apodaca sealed one bag approximately every three seconds.
On May 2, 1995, Apodaca completed an Employee Statement of Injury, reporting pain in his left hand. He visited several physicians for treatment. While Apodaca's doctors determined he had injured his back, neck, and wrist, the only injury they agreed was work related was the carpal tunnel syndrome in his wrist. Accordingly, Excel paid for medical expenses related to the carpal tunnel injury. An orthopedic surgeon treated the carpal tunnel injury by splinting Apodaca's hand. On August 3, 1995, an electromyography revealed that the carpal tunnel syndrome had resolved. At this point, Excel stopped paying Apodaca's medical expenses. Nonetheless, Apodaca eventually underwent three operations to treat his neck, lower back, and wrist. Despite feeling better after these surgeries, Apodaca continued to suffer pain and could no longer work or perform household duties, such as mowing the lawn or washing dishes.
Because Excel is a nonsubscriber under the Workers' Compensation Act, Apodaca sued Excel alleging common-law claims of negligence and gross negligence in failing to provide a safe workplace. See Tex. Lab. Code ยง 406.033(d); Werner v. Colwell, 909 S.W.2d 866, 868 (Tex. 1995). Apodaca specifically alleged that the machinery and design of the cryovac operator's workplace required excessive bending, reaching, and pulling, without appropriate rest periods, and that Excel's untimely detection of his CTD symptoms aggravated his injuries and delayed treatment for them. The jury found Excel negligent and awarded actual damages of $536,472. The trial court rendered judgment on the verdict.
The court of appeals rejected Excel's challenges to the qualification of a juror, the legal and factual sufficiency of the evidence supporting the jury's proximate-cause finding, the jury charge, and the prejudgment-interest award. 51 S.W.3d 686. With respect to the evidence of proximate cause, the court concluded, among other things, that "the evidence on cause in fact is not particularly strong," but that "the jury could have found that the speed of the production line, which workers were discouraged from slowing or stopping, was excessive and the number of repetitions the employe
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