Gary Wayne Adams v. Transportation Insurance Company

Gary Wayne Adams appeals the trial courts judgment setting aside an award by the Industrial Accident Board (IAB) and rendering a take-nothing judgment in favor of Transportation Insurance Company in Adams suit for workers compensation benefits. In three points of error, Adams contends that: (1) the destruction of the original exhibits in this case prevents the proper presentation of this appeal because, without a complete appellate record, he cannot brief various points of error; (2) the trial court erred in failing to tax costs against Transportation; and (3) he was denied his right to a jury trial because the jury entered into a compromise to resolve its deadlock. We sustain Adams first point of error. Accordingly, we reverse the trial courts judgment and remand the cause for new trial.