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Case Name Lee Lewis Construction, Inc. v. Harrison
Date 06/29/1999
Note Where employer agrees to indemnify 3rd party before incident giving rise to liability occurs, employer not shielded by 408.001.
Citation 64 S.W.3d 1
WCC Citation WCC 2861999 TX
Lee Lewis Construction, Inc. v. Harrison, 64 S. W. 3d 1 (Tex. App. Dist. 7 06/29/1999) Texas Court of Appeals NO. 07-97-0495-CV June 29, 1999 LEE LEWIS CONSTRUCTION, INC. , APPELLANT v. NORMA HARRISON, INDIVIDUALLY AND AS NEXT FRIEND OF SUMER DAWN HARRISON AND JIMMY THOR HARRISON, AND MAY AND SELLIE HARRISON, APPELLEES FROM THE 237TH DISTRICT COURT OF LUBBOCK COUNTY; NO. 91-534,715; HON. While performing his duties under this subcontract, Jimmy Harrison, an employee of KK Glass, fell from the tenth story of the building to his death. The contract between LLC and KK (referred to as the KK Contract or subcontract) also addressed matters of safety. a jury find any negligence, then Lee Lewis Construction is entitled to indemnity from KK Glass" and 2) "KK Glass should be obligated to defend Lee Lewis Construction and to pay for any and all damages awarded in this case. "*fn4 Question one read: "Did Lee Lewis Construction, Inc. retain the right to control safety on the construction project where Jimmy Harrison suffered his fatal fall?"

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