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GSF Energy LLC v. Padron

This appeal arises out of the death of Adan Padron, who was killed when debris fell on him while he was cleaning the inside of a processing-plant tank. Padron's wife and children sued the plant operator and Padron's employer for negligence and premises liability. The trial court erred in refusing to submit questions in the jury charge on Padron's negligence. Therefore, the trial court's judgment is reversed, and the case is remanded. Houston's 1st Court of Appeals, No. 01-09-00622-CV, 02-10-2011

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OPINION

This appeal arises out of the death of Adan Padron, who was killed when debris fell on him while he was cleaning the inside of a processing-plant tank. Padron’s wife and children sued the plant operator and Padron’s employer for negligence and premises liability.*fn1 We must decide whether the plant operator exercised or retained control over the manner in which Padron’s employer, an independent contractor, performed its work such that the plant operator can be liable for Padron’s death. In addition, we must determine whether the trial court erred in submitting the jury charge. We reverse the trial court’s judgment and remand the case for further proceedings.

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