14th COA Clarifies Definition of 'Substantial Certainty'

An injured employee of a general contractor cannot collect the $43.5 million that a jury awarded him in a negligence suit unless he proves a subcontractor knew with “substantial certainty” that its conduct would harm him, the 14th Court of Appeals decided Tuesday. Tyler Lee presented ample evidence that Chris Miller’s actions were reckless, the court wrote. But in order for Lee to be able to sue Miller and the subcontractor he worked for, Lee must prove that Miller intended to harm Lee specifically when he ordered a crane operator to perform an “extremely risky” ...