Barajas

On June 15, 1978, a fiery explosion occurred at USA Petroleum Corporation (hereinafter USA) which, inter alia, resulted in the death of Christopher Newman, personal injury to Harry Stallings and James Ledford, and property damage to Reagen’s Vacuum Truck Service, Inc. (hereinafter Reagen Trucking). Judgment was entered on jury verdicts in a bifurcated trial. First, a jury determined that Stallings and Newman were not special employees of USA, thus subjecting USA to tort liability. Finding USA 100 percent at fault, a second jury awarded $1 million in damages to the heirs of Christopher Newman, $853,263.04 to James Ledford, $377,673.05 to Harry Stallings, and $7,997.48 to Reagen Trucking. Truck Insurance Exchange was awarded $95,191.03 for workers’ compensation benefits paid to Ledford.

USA appeals, contending: “I The evidence shows as a matter of law that Stallings was defendant’s ‘special employee’ and his exclusive remedy should have been his workers’ compensation benefits. II Even if special employment had been a question of fact for the jury, uncertain and unduly limited instructions on the elements of special employment denied defendant a fair hearing on that issue.…