Workplace injury, supervisor liability, employer liability

Henry Abalos files suit against the Oil Development Company of Texas following a work-place accident. Abalos claims that employees of an oil drilling company operating on the same job site that he was working at owed him a duty to warn him of the dangers of working too close to an oil pump while it was operating. Abalos now appeals the ruling of a lower court.

During trial at the district court, the oil company secured a motion for an instructed verdict. Abalos appealed the ruling and the appeals court affirmed the trial court's decision.

Abalos loses. The Texas Supreme Court affirmed the decision of the lower courts. The supreme court ruled that Abalos was aware of the dangers present at the work site and that no duty fell upon the defendant.