United Pacific Insurance Company v. Glenda Elaine Jones

Workers' compensation case for death benefits. Glenda Elaine Jones is the surviving widow of J.C. Jones. J.C. and Glenda had two children, Toni Michelle Jones and Steven Jay Jones. Glenda sued as next friend for the minors. J.C. Jones died in a truck collision on December 11, 1981. The defenses were that the decedent was intoxicated at the time of the fatal occurrence and he was not in the course and scope of his employment. One version of the evidence - believed and found by the jury - was that Jones was a job superintendent for his employer, J. & S. Construction Company. On the date of the fatal collision, it was Jones' job responsibility to supervise and manage a road building crew. The crew had been working near Broaddus, Texas. A part of the decedent's job responsibilities was to put the working crew together. Jones and his crew were furnished transportation by J. & S. Construction Company. The crew was clearing roads, quitting at about 6:00 P.M. Jones transported the other employees to their homes after work on the last day of his life. This, too, was a part of his job. Another employee of J. & S. Construction Company testified that Jones needed to employ a heavy duty equipment operator to report for work on or about December 14, 1981.