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Scaffold case – Texas Supreme Court asks for explanations

In the 15th of January, the Supreme Court in Texas granted United Scaffolding’s petition for writ of mandamus. This is the second time in this year when the State Supreme Court questiones judge Floyd for overturning a jury verdict.

 First he was questioned about the trial against DuPont in 2009, when he abandoned the jury’s findings in this important asbestos trial and he was asked for some answers. Now for the second time the Supreme Court of the Texas State is questioning him for the same reason but in another asbestos trial.

 Floyd said: “I granted the Levine’s motion (James and Lisa Levine) because I am interested in justice and fairness”. The highest court of Texas is now directing Jefferson County 172nd District Court, Judge Donald Floyd to state his reasons for disagreeing the jury’s verdict.

 It is curios that  Jefferson County awarded Levine with $178.000, for medical expenses, after the jury established that he was 49% responsible for his accident and the medical consequences.

 Attorney Thomas Ferguson, Levine’s lawyer, filed out a motion for a new trial. He tried to obtain another award for pain and loss, the motion was filed out in 16 January and was approved by the Judge Floyd in 30 January. In the end the United appealed but the Supreme Court forced the company to petition.

 The United`s petition was denied for mandamus directing the trial court to set aside and granting another trial.

 What Judge Floyd said concerning his opinion in fairness and justice the justice opinion exclaimed that “the interest of justice and fairness is not a sufficiently specific reason and a relator challenging such as order do not have an adequate remedy by appeal".