Jones v. Jeffreys
| Decision Date | 16 November 1951 |
| Docket Number | No. 14446,14446 |
| Parties | JONES v. JEFFREYS. |
| Court | Texas Court of Appeals |
J. A. Blakeley and John F. Harrison, Dallas, for appellant.
Leachman, Matthews & Gardere, and Henry D. Akin, Dallas, for appellee.
Appellant Roy L. Jones filed this suit in District Court against appellee L. A. Jeffreys, d/b/a Jeff's Motor Service, to recover $25,000 damages over and above and in addition to any recovery which he might receive under our Workmen's Compensation Act, Vernon's Ann.Civ.St. art. 8306 et seq. He alleged a willful, wanton and intentional assault upon his person by Robert A. Jeffreys, while acting for and on behalf of Jeff's Motor Service. In his first amended original petition, as to Jeff's Motor Service being the trade-name of L. A. Jeffreys he alleged such trade-name was the partnership trade-name of L. A. Jeffreys and his son, Robert A. Jeffreys. Robert A. Jeffreys was not served with citation.
Appellant's trial pleadings, omitting heading, formal parts, and prayer, were as follows:
'For cause of action, plaintiff would show that heretofore, to-wit, on or about the 3rd day of April, 1950, plaintiff was employed as a mechanic by defendant; that at such time, Jeff's Motor Service was co-partnership comprised of Robert A. Jeffreys and his father, defendant L. A. Jeffreys; that at such time, the said Robert A. Jeffreys, while acting for and on behalf of said partnership, attacked and assaulted plaintiff and struck plaintiff severe blows and intentionally knocked plaintiff onto a concrete floor, causing severe personal injuries to plaintiff as follows: Plaintiff suffered multiple bruises and contusions to his body generally, and particularly injuries to the muscles, ligaments, blood vessels, soft tissues, nerves and bony structure of the back, a fractured right hip, injury to the muscles, tissues, ligaments, blood vessels, nerves and bony structure of the left shoulder and arm so that the left arm was paralyzed, and the ribs on the left side were torn and pulled loose.
'By reason of the premises, and of the willful, wanton and intentional assault upon plaintiff by the said Robert A. Jeffreys while acting for and on behalf of the said co-partnership, plaintiff is entitled to damages, over and above and in addition to any recovery to which he might be entitled under the Workmen's Compensation Laws of the State of Texas, in the sum of Twenty Five Thousand Dollars ($25,000.00).'
Appellee, after answering to the merits, filed a sworn motion for summary judgment, which, omitting formal parts and prayer, was as follows:
'That said plaintiff was injured, on April 3, 1950, at 3606 West Davis, in the City of Dallas, while in the course of his employment; that the said plaintiff has, or will fully recover from said injuries; that at the time the injuries occurred to said plaintiff, the said defendant was a subscriber to the Workmen's Compensation Act of the State of Texas, and carried, and was covered by policy No. 33112, issued by the Texas Employers Insurance Association, of Dallas, Texas, which said insurance company was, and is authorized to issue policies in Texas under and by virtue of the Workmen's Compensation Act of the State of Texas; that the said plaintiff has filed his claim for said injuries under the above policy, with the Industrial Accident Board, at Austin, Texas, and the said Texas Employers Insurance Association has, since said injuries paid said plaintiff the sum of $25.00 per week compensation for said injuries, and is now, and said plaintiff has accepted said payments of compensation for said injuries.
The court, on pleadings and such motion, entered judgment that plaintiff recover nothing by this suit, and this appeal was duly perfected from such judgment.
Appellant briefs five points of error, in substance: Error of the trial court (1) in sustaining appellee's motion for summary judgment; (2) in holding appellant's action for exemplary damages growing out of an assault and intentional injury inflicted by such employer was barred by employer's subscription under Workmen's Compensation Act; (3) in holding appellee employer as a matter of law not liable for...
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