Appeal from the 190th District Court Harris County, Texas
Trial Court Case No. 2012-15287
consists of Justices Massengale, Brown, and Huddle.
Michael Massengale Justice
Enshikar sued his employer, Advance Tire and Wheels, LLC, for
negligence arising out of injuries he suffered due to the
explosion of an over-sized tire that he inflated without the
benefit of any safety equipment. After a bench trial, the
court entered judgment in Enshikar's favor. Advance Tire
appeals, challenging the legal and factual sufficiency of the
evidence to support the judgment. We affirm.
Enshikar was a tire repairman. He learned and worked at his
trade for a few years in his native Morocco. After moving to
Texas, he worked at a tire-repair shop for approximately 18
months. Then he took a new job at Advance Tire and Wheels,
LLC, where he was employed for about eight months prior to
the accident that gave rise to this litigation.
was inflating a tire for use on a pickup truck with a lifted
suspension. The tire was larger than those used on ordinary
passenger vehicles, but it was not a "heavy-duty"
tire like those used on commercial vehicles, such as
semi-trailer trucks. As compared to a heavy-duty commercial
tire, this tire was taller, but it required less air pressure
and weighed much less.
struggled to inflate the tire alone, so his supervisor, Jawad
Abualhalaweh, and a coworker came to his aid. Two held the
tire upright while the third put air in it. Enshikar said
that he and Abualhalaweh held the tire while his coworker put
air in it. Abualhalaweh said that he started to put air in
the tire. While they were inflating the tire, Abualhalaweh
left to answer his mobile telephone. Enshikar and his
coworker continued inflating the tire. Then it exploded.
tire explosion injured Enshikar's right hand, exposing
the bone in his thumb. Both employees were hospitalized, and
Enshikar spent three weeks in the hospital, during which time
he had multiple surgeries on his right hand to save the
Tire was a nonsubscriber to the Texas Workers Compensation
Act at the time of the accident. Enshikar filed this suit,
alleging that Advance Tire negligently caused his injuries.
Advance Tire denied liability. In a bench trial, the trial
court heard conflicting testimony about whether:
• the tire was in poor condition when the customer
brought it in for service;
• Enshikar and Abualhalaweh discussed the condition of
the tire before inflating it;
• Advance Tire had a practice of trying to service tires
regardless of their condition; and
• Advance Tire should have had a cage for securing tires
so that its employees would not have to hold ...