Ellwood Texas forge Corp. v. Jones

Ellwood Texas Forge Corporation ("Ellwood") hired Process Installations ("PI"), an independent contractor, to remove and replace an air conditioning unit on top of a machine called a "manipulator" on Ellwoods premises. Bobby Jones, an employee of PI, was injured when he fell from the top of the manipulator. He and his wife, Kelly, sued Ellwood for negligence. A jury returned a verdict in favor of the Joneses, and the trial court entered a final judgment on the jurys verdict. On appeal, Ellwood contends, among other things, that the evidence is legally and factually insufficient to support the jurys finding that Ellwood retained or exercised control over PIs work, as required by section 95.003 of the Texas Civil Practice and Remedies Code. For the reasons explained below, we agree with Ellwood and reverse and render a take-nothing judgment against the Joneses.