Ellwood Texas Forge Corp. v. Jones

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Chapter 95 requires plaintiff to show both control and actual knowledge of the danger in order to prevail
• “Nor is it enough to recommend a safe manner for the independent contractor’s employees to perform the work.”
• “It has long been the rule that a right to receive reports is not a right to control.”
• “Nor is it enough to recommend a safe manner for the independent contractor’s employees to perform the work.”
• that the general contractor would have stopped the work and required protective equipment had he seen the employee of the independent contractor not using such equipment, did not show actual control
• “An owner may be aware of the danger, but exercise no control, or he may exercise control and have no actual knowledge of the danger; in either instance, the owner is statutorily shielded from liability.”

Source: CourtListener parenthetical corpus (CC0).