摘要:The issues presented are: 1) whether the
employer is liable for the accident under the
doctrine of respondeat superior; 2) whether the
trial court erred by striking the injured party’s
claim for punitive damages; and 3) whether the
trial court erred by failing to instruct the jury
on life expectancy and prior existing condition.
We find that: 1) the Court of Civil Appeals’
finding that the employer is liable under the
doctrine of respondeat superior is the law of the
case; 2) the trial court abused its discretion by
striking the claim for punitive damages; and 3)
the trial court did not err by refusing the inclusion
of jury instructions on mortality tables
and aggravation of a pre-existing condition.