Before admitting "we" overfilled the cavern, counsel told the jury about the 36,000 barrel "safety factor" and said: A judicial admission results when a party makes a statement of fact which conclusively disproves a right of recovery or defense he currently asserts. The gas line was turned off around 2:30 a.m. and the fire was extinguished. At the end of March, eight days before the explosion, Seminole held a meeting to discuss cavern inventory.
2, ß 2.12, 1987 Tex. In February, 1992, less than a month before the accident, Wolf wrote a memo outlining new features he would like to see on the new system, including a simulator training station. ); Benefit Trust Life Ins. Thus, the first line of defense against flashing is to make certain the cavern's inventory of natural gas liquids does not exceed its capacity. 2, ß 2.12, 1987 Tex. See RESTATEMENT (SECOND) OF TORTS ß 911 cmt.e at 475 (1979).  When Boisen attempted to turn off the engine of his diesel pickup, the motor continued to run on the airborne gas vapor. See Act of May 24, 1973, 63rd Leg., R.S., ch.
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The switch did not activate.
Because there had been a series of serious inventory miscalculations, Charles Vest suggested the cavern be emptied and the inventory "reset to zero." He also stated that the explosion would not have occurred if the Brenham facility had installed and maintained a flare. 1988, no writ).
; see also Allstate Ins. Further, they tested the Barksdale switch a week before the explosion and found it to be fully operational. From 1981 until the date of the explosion, Seminole periodically increased the facility's storage capacity by "washing" the cavern with fresh water and further eroding the salt dome. 1981, writ ref'd n.r.e.). Accordingly, we find appellants had no burden to raise the statutory cap in their pleadings, and we overrule appellees' fourth cross-point. While moving the table and vase, the friend stumbles, tipping the vase and causing it to roll off the table and smash onto the floor.
Finally, if the plaintiff's injury is purely economic, his claim of mental anguish is suspect.
(a) A person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result. PRAC.
Appellants began construction of the Brenham saltdome cavern storage facility in 1980, by a procedure known as "washing." Moreover, in Texas, there is no independent cause of action for the negligent infliction of emotional distress. Rather than granting each plaintiff four times his actual damages, the trial court reduced the total punitive damages to $21,581,600 (or four times $5,395,400). Some gathered at a nearby gas station. See John T. Montford and Will G. Barber, 1987 Texas Tort Reform: The Quest for a Fairer and More Predictable Texas Civil Justice System, 25 Hous. Ritchey ordered *738 Boisen to evacuate the area, retreat to a safe distance, and not to enter the vapor cloud. The jury awarded punitive damages in the amount of $46,000,000 against each defendant.
To prevent product escaping in the event of an accidental overflow, appellants equipped the brine string at the Brenham cavern with a pressure sensing device called a Barksdale switch. We granted their motion and issued an opinion on March 26, 1998.
See Lucas v. Texas Indus., Inc., 696 S.W.2d 372, 374 (Tex.1984).
I, ß 13. While Mid-America and Seminole concede they were responsible for the overfill, MAPCO claims it did not own or control the Brenham cavern, and it denies all liability for the incident. While early Teutonic law supplied a measure of compensation to the families of murder victims, the common law provided no recompense.
1984, no writ), they also argue that MAPCO's counsel did not make any binding judicial admissions and that if he did, Royce M. Parr, General Counsel and secretary for MAPCO NGL, unambiguously refuted those statements. Likes, 962 S.W.2d at 497. Phase one of the trial resolved liability issues on actual and punitive damages, and determined the amount of the plaintiff's compensatory damages. 4th 464, 65 Cal.
Alan Wolf, an employee of Mid-America, was, at the time of the accident, a computer technician maintaining the minicomputer system. Because they had numerous safety mechanisms and procedures in place at the time of the explosion, appellants claim the jury had no basis for finding they were subjectively aware of the risk, yet consciously indifferent to the rights, safety, or welfare of others. Here, the record demonstrates the three defendant corporations were closely tied to one another, but a subsidiary corporation will not be regarded as the alter ego of its parent merely because of stock ownership, a duplication of some or all of the directors or officers, or an exercise of control that stock ownership gives to stockholders.
Although aware of the danger, the friend consciously disregards it and deems it more expedient to transport the table and the vase in one trip rather than to safely move them individually. Evidence established that appellants were also aware that (1) their inventory estimates were often in error; (2) they had grossly underestimated the cavern's inventory in 1982; (3) a major calculation error had taken place six months earlier; (4) they had a "cloud" on the inventory; (5) the cavern's inventory was reaching capacity; (6) the only way to get an accurate measurement of the cavern's inventory was to zero out the cavern; and (7) it had been nine months since the cavern had been emptied. See Moriel, 879 S.W.2d at 31.
Id. He testified that the software for the system was developed in 1974 by TRW, and was installed in 1982 on two mirrored minicomputers.  Appellees fail to explain, and we fail to see, how the punitive damages cap violates these constitutional provisions. Twenty-three units and 40 firefighters were called to the scene.
Neither Isaacs, nor any other employee working at the Brenham facility, is paid by Seminole. In the normal course of business, appellants emptied their caverns approximately once a year to insure the accuracy of their inventory estimates.
From Free Law Project, a 501(c)(3) non-profit. Co. v. Littles, 869 S.W.2d 453, 473 (Tex.App.-San Antonio 1993, writ granted without reference to the merits); Mobil Oil Corp. v. Ellender, 934 S.W.2d 439, 470 (Tex.App.-Beaumont 1996), rev'd in part on other grounds, 968 S.W.2d 917 (Tex.1998); Allstate Ins.
As Collins later related, "[there] simply wasn't enough information there to tell me that we had a problem." There are several reasons for the rule. Appellants also knew the switch had been rebuilt from used parts and had made the conscious decision to set it below its recommended operating range.
He arrived at the cavern approximately 20 minutes after receiving the call. Because the Barksdale switch did not shut in the cavern, Vest had to manually close the trip check valve.
See Moriel, 879 S.W.2d at 17. Without this additional element, the presence of gross negligence alone is not sufficient to support an award for mental anguish arising solely from damage to property. L.Rev. They were also aware that an overfill would present a danger of a massive explosion. The test for gross negligence contains both an objective and subjective component. Aryain asked Boisen to drive to the facility to determine the source of the signal. Gen. Laws 1, 44 (formerly codified at TEX. One of the two turbines associated with the crude pipeline at the Coupland, TX, pumping station was active at the time of imagery collection, indicating that the pipeline started operations, at least under a limited capacity. Filed: The distinction between a willful murder and a homicide by misadventure was expressed in terms of malitia praemeditata and malitia excogitata.
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