Varela v. American Petrofina Co. of Texas, Inc.
Supreme Court of Texas
658 S.W.2d 561 (1983)
Robert Varela (plaintiff), injured while employed by Hydrocarbon Construction Company on a unit owned by American Petrofina Company of Texas (Petrofina) (defendant), filed a workers' compensation claim and settled with Hydrocarbon's insurer before suing Petrofina for negligence. The jury found Varela suffered $606,800 in damages and apportioned fault 15% to Varela, 42% to Hydrocarbon, and 43% to Petrofina; because Varela had already settled with Hydrocarbon, the trial court awarded him only the 43% attributable to Petrofina. Varela appealed that reduction, and the appeals court affirmed before Varela appealed further.
Whether, in general, a plaintiff's tort recovery should be diminished to reflect a third party's percentage of fault if that third party's percentage of fault is not recoverable.