Lee Lewis Construction, Inc. v. Harrison

Following Jimmy Harrisons fatal fall from the tenth story of a construction site where Lee Lewis Construction, Inc., (LLC) was the general contractor, the Harrison family brought a wrongful death and survival action against LLC, alleging negligence and gross negligence. The trial court rendered judgment on the jurys verdict against LLC and awarded $7.9 million in compensatory damages plus prejudgment interest and $5 million in punitive damages. LLC appealed. The court of appeals affirmed, after suggesting remittitur of $450,000 for unproven pain and suffering damages. ___ S.W.3d ___. LLC now challenges the legal sufficiency of the jurys negligence and gross-negligence findings, and in the alternative, the propriety of the submitted jury question concerning whether LLC owed a duty to Jimmy Harrison. We conclude there is legally sufficient evidence that: (1) LLC retained the right to control its subcontractors fall-protection measures and thus owed a legal duty to Harrison; (2) LLCs failure to ensure adequate fall-protection measures proximately caused Harrisons fall; and (3) LLC was grossly negligent. We also conclude that any charge error was harmless. Accordingly, we affirm the court of appeals judgment.