Natalie K. Halepeska v. Callihan Interests

Natalie Halepeska and her children brought this action for the wrongful death of Dennis L. Halepeska, their husband and father, respectively. The defendant is Callihan Interests, Inc., hereafter called Callihan. Halepeska and a Mr. D. F. Morris were killed when a gas well owned by Callihan blew out. Trial was to a jury. Disregarding the answers by the jury to some issues, the trial court entered judgment against Callihan for $85,000. The Court of Civil Appeals at Eastland reversed that judgment and rendered judgment for Callihan. 349 S.W.2d 758. The basis of the Court of Civil Appeals opinion, upon certain jury findings, was that Callihan had breached no duty toward Halepeska because the danger was open and obvious, and that Halepeska had voluntarily exposed himself to a risk of which in the exercise of ordinary care, he should have known and which he should have appreciated. The jury also found that Halepeska did not have full knowledge of the manner in which the well was equipped and did not appreciate the extent of the danger in opening the valves on the well. The Court of Civil Appeals did not regard these findings as controlling.