Cities Services Co. v. Ellison

• Decision Date: 22 August 1985
• Docket Number: No. A14-85-136-CV,A14-85-136-CV
• Parties: CITIES SERVICES COMPANY, Appellant, v. Tommy L. ELLISON, Appellee. (14th Dist.)
• Court: Texas Court of Appeals

Page 387

698 S.W.2d 387

CITIES SERVICES COMPANY, Appellant, v. Tommy L. ELLISON, Appellee.

No. A14-85-136-CV.

Court of Appeals of Texas Houston (14th Dist.).

Aug. 22, 1985.

Rehearing Denied Sept. 19, 1985.

Kent Westmoreland, of Ross, Griggs & Harrison, Houston, for appellant.

David H. Burrow, of Gibbons, Burrow & Bratton, Houston, for appellee.

J. CURTISS BROWN, C.J., and SEARS and ELLIS, JJ.

OPINION

ELLIS, Justice.

This is a personal injury case. Appellee, Tommy L. Ellison, sued appellant, Cities Services Company, for negligence in connection with injuries sustained in an oil field accident. The trial was to the court and judgment was entered for appellee in the amount of $280,000. We affirm.

Appellant brings three points of error. It alleges in points of error one and two the trial court erred in granting appellee's motion for judgment because there was no evidence, or insufficient evidence, causally connecting the accident to appellee's injuries. In its last point of error, appellant asserts that the trial court erred in refusing to make additional findings of fact and conclusions of law.

This case involves a claim for damages resulting from an oil field incident which occurred on February 21, 1977. Appellee claims his personal injuries resulted from the negligence of James Phillips, appellant's sole representative at the drilling site.

Appellee was injured on a drilling rig operated by Butler Drilling Company, while in the process of drilling a well for Cities Services Company. Appellee was employed by Butler Drilling Company and was a lead tong operator on the drilling rig on the date of his injury. The drilling crew encountered several problems. The crew found that it had to pull the drilling pipe from the hole in order to improve circulation in the hole. They also found that the cathead, the power source for unscrewing the drill pipe, did not release properly. Mr. J. B. Lofton, driller for Butler Drilling Company, attempted to repair the malfunctioning unit by replacing the air control valve on the driller's panel. However, the cathead was still not releasing properly. Mr. Lofton asked permission of Mr. Phillips, the drilling supervisor for Cities Services Company, to shut down the drilling operation for repairs before someone was injured. Mr. Phillips refused to shut down the rig and insisted that Butler Drilling maintain continuous operations. When the crew attempted to remove another section of the pipe the cathead did not release properly, causing the tongs to pull off the pipe and strike appellee in the chest and abdomen. He was thrown into the drawworks and suffered extensive injuries to his lungs, ribs, abdomen, back, kidneys, spleen, colon, and pancreas, with resulting recurrent wound complications and a large disfiguring scar on his abdomen.

Appellant asserts that there was insufficient evidence to connect the accident to appellee's injuries. In considering factual insufficiency points of error, the court examines the whole record to determine not only that there is some evidence to support the finding, but also to determine whether, considering all the evidence, the finding is not manifestly unjust. If it is so weak that the finding is manifestly unjust the court will sustain the point. Burnett v Motyka, 610 S.W.2d 735 (Tex.1980); In re King's Estate, 150 Tex. 662, 244 S.W.2d 660 (1951).

Appellant alleges that there is no connection between appellee's physical problems and the accident which occurred seven years ago. We find that there was sufficient evidence linking all of appellant's injuries to the 1977 oil rig accident. Appellee testified that he was taken by ambulance to Grimes County Memorial Hospital in Navasota, Texas, where he was hospitalized for approximately 20 days. Appellee testified that following his accident the doctors discovered that his kidneys were damaged and his ribs were broken. He also stated that his colon was resectioned and his spleen was removed. He explained that in 1980 he was admitted into Pasadena General Hospital because draining sinuses developed in the surgical scar and that additional surgery was required. At the time of the accident he had worked for Butler Drilling for one year. At trial appellee testified that he can no longer work a full day due to his injuries.

Appellee's wife testified that since appellee's accident he does not sleep through the night and he cannot eat a complete meal without using the restroom. They also have had to give up skating and riding horses since the accident.

Teresa McCaslin, a private rehabilitation counselor, interpreted appellee's medical records. The documents included records from appellee's 1977 hospitalization in Grimes Memorial Hospital, where his treating physician was Dr. Leonard Coleman, and Pasadena General Hospital, where the treating physician was Dr. Phillip Somers. McCaslin's interpretation reflected the...