Louisiana-Pacific Corp. v. Andrade

How courts have described this case

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

• holding that the lack of corporate policies touching upon the lock-out of a crane did not establish gross negligence since the employees subjectively believed that the crane had been locked-out
• explaining that the defendant’s state of mind is what separates ordinary negligence from gross negligence
• evaluating circumstantial evidence allegedly supporting the subjective component of gross negligence
• “Corporate safety policies, or the lack of them, can serve as the basis for a gross negligence finding.”
• first citing Williams v. Steves Indus., Inc., 699 S.W.2d 570, 573 (Tex. 1985); and then citing Burk Royalty Co. v. Walls, 616 S.W.2d 911, 922 (Tex. 1981)
• “[T]here is no clear and convincing evidence that Diamond Shamrock knew of the risk of the compressor explosion that resulted in Hall’s death and yet did not care.”

Source: CourtListener parenthetical corpus (CC0).