3423491744 - 177 S.W.3d 593 (TX 2005); CHAVEZ CONST., INC....

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177 S.W.3d 593 (TX 2005); CHAVEZ CONST., INC. v. McNEELY; CHAVEZ CONST., INC. v. McNEELY 177 S.W.3d 593 (TX 2005) CHAVEZ CONSTRUCTION, INC., Appellant, v. Joe D. McNEELY, Appellee. No. 01-03-00766-CV. Court of Appeals of Texas, Houston (1st Dist.). August 25, 2005. Page 594 This Page Contains Headnotes. Page 595 This Page Contains Headnotes. Page 596 This Page Contains Headnotes. Appeal from the 270th District Court, Harris County, Brent Gamble, J. Page 597 Jennifer Bruch Hogan, Pillsbury, Winthrop, Saw, Pittman, L.L.P., B. Lee Ware, Ware, Snow, Fogel, Jackson & Greene, Timothy F. Lee, Ware, Snow, Fogel & Jackson, L.L.P., Don R. Riddle, Riddle & Baumgartner, Houston, Mike Johanson, Johanson & Fairless, L.L.P., Sugar Land, for Appellant. Richard P. Hogan Jr., Pillsbury, Winthrop, Shaw, Pittman, L.L.P., Micky N. Das, Tyler, Panel consists of Justices TAFT, JENNINGS, and BLAND. OPINION TIM TAFT, Justice. Appellant, Chavez Construction, Inc. ("Chavez"), appeals from a judgment rendered on a verdict awarding appellee, Joe D. McNeely, damages in his negligence action. We
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address (1) whether Chavez owed a duty to McNeely; (2) whether Chavez breached a duty owed to McNeely; (3) whether Chavez's actions constituted a proximate cause of McNeely's injuries; and (4) whether the trial court abused its discretion in refusing to allow Chavez to cross-examine McNeely by (I) questioning him concerning 49 changes that he made to his oral deposition by way of an errata sheet and (ii) admitting into evidence McNeely's corresponding original deposition answers, to show how they differed from the changes in the errata sheet. We affirm. Page 598 Facts In April 2000, Chavez was employed on the Victoria Lace Ranch to power-wash fences. McNeely owned the ranch. To obtain the necessary water for its power-washing machines, Chavez tapped into the waterlines that fed McNeely's livestock-watering troughs. The troughs were equipped with an automated fill system that maintained the water level in the troughs, making very little noise, so that horses could drink without being frightened. To tap into McNeely's trough water supply, Chavez would remove the trough's hose from the nearby spigot and attach its own hose, which would run to a power washer. At the end of each work day, Chavez was supposed to pick up its hoses and to reassemble the trough's hoses the way in which they had been found. On a few occasions, in violation of its own safety policy, Chavez failed to reassemble the trough's watering system and left its own equipment out in the field at the end of the work day. On one occasion, Chavez failed to reassemble the watering system and placed its own hose, while still attached to the spigot, inside the trough. On April 29, 2000, while riding one of his horses on the ranch, McNeely noticed that the water level in one trough was low. McNeely assumed that the spigot was merely turned off. McNeely rode over to the trough, leaned off one side of his horse to turn on the water spigot, and righted
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This note was uploaded on 09/30/2011 for the course EMGT 5130 taught by Professor Jeong during the Fall '11 term at UH Clear Lake.

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3423491744 - 177 S.W.3d 593 (TX 2005); CHAVEZ CONST., INC....

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