Darrell Dyson v. Olin Corporation

The issue presented is whether the court of appeals, in disposing of the "insufficiency" point, erred in interpreting the elements of gross negligence as stated in Burk Royalty Co. v. Walls, 616 S.W.2d 911, 922 (Tex. 1981). Darrell Dyson sued the Olin Corporation after suffering personal injuries when the vehicle he was driving collided with a crane ("cherry-picker"), which was owned and operated by Olin. The trial court, based on the jurys verdict, rendered judgment in favor of Dyson and awarded actual and punitive damages. The court of appeals determined that there was insufficient evidence to support the jurys finding of Olins gross negligence and remanded for new trial, with one judge dissenting. 678 S.W.2d 650. We reverse the judgment of the court of appeals and remand the cause to that court.