Appeals court overturns $43.5 million verdict to injured construction worker Appeals court says injury wasn't intentional

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An state appeals court in Houston overturned a $43.5 million jury verdict for a construction superintendent who lost one of his legs after a crane collapsed.

The Fourteenth Court of Appeals ruled this week that Tyler Lee was not entitled to receive the $43.5 million awarded two years ago because the health care and income replacement benefits provided through no-fault Texas workers compensation insurance is the sole remedy for non-fatal workplace accidents.

The appeals court also determined that Lee's injuries were not intentional because the subcontractor controlling the crane had no idea where Lee was at the time of the accident.

Lee was working nearby when the crane collapsed, crushing his leg which had to be amputated from above the knee, according to court records. He sued the subcontractor for negligence, gross negligence and intentional injury. A jury awarded Lee $35 million in actual damages and $8.5 million in exemplary damages.

Lee worked for Skanska USA Building, the general contractor for the office building project. Skanska, in turn, hired Berkel & Company Contractors to drill the foundation piling of the new office space. Skanska provided workers compensation insurance for the entire project, including the subcontractors firms, according to court records

Since the contractor firms were covered by Skanska's workers compensation insurance, the appeals court determined that Lee's only legal recourse was to obtain benefits under the Skanska policy.

The Houston law firm representing Lee could not be reached for immediate comment.

Texas law allows the families of workers killed in workplace accidents to sue for gross negligence but the appeals court determined that doesn't apply in Lee's case because he wasn't killed.

Texas law also allows injured workers to sue for intentional injuries. But the appeals court determined that while the contractor's superintendent was "reckless," the superintendent was not "substantially certain that Lee would be a particular victim," according to the opinion.

No evidence was presented that the contractor's superintendent even knew where Lee was when the crane operator was trying to free a drilling auger stuck in mortar, according to court records. Lee was behind a barricade, working with another subcontractor to make sure dirt was spread and compacted properly.

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The appellate court found that 'intentional injury' requires an intent to injure a particular person or a small class of people, not just a general knowledge that an activity is dangerous, Houston lawyer Thomas C. Wright said in a written statement. He represents Berkel & Company Contractors.