In a recent Texas Supreme Court decision, the Court considered a wrongful death that arose from a fistfight. Two cashiers, one of them J.R., worked at a Houston convenience store owned by a gas corporation. Two others also worked there, along with a manager. J.R.’s father had previously worked there, but he had moved on to working as a tollbooth attendant. He’d asked the manager to hire his son. The other cashier also knew the father, who drove him to and from work.
J.R. believed everyone got along until someone asked him if he was having a sexual affair with another man who worked there. J.R. felt harassed and complained. While J.R. was working at the convenience store alone, two customers complained that there was an “out of order” sign on the men’s restroom door. J.R. checked and found that the restroom wasn’t out of order, and he believed that the guy who’d harassed him before was doing it again. He complained about the coworker to his father, who called and told the coworker to stop harassing his son.
On another day when the father took him to work, the coworker came in and began threatening J.R. Things calmed down for the rest of the day, but later the coworker attacked the father and beat him up. The fight ended, but the father couldn’t breathe and had to be taken to the ER. The ER physicians misinterpreted a dark space on the X-ray and found that the left lung had filled with fluid. They tried multiple times to put in a chest tube to drain away the fluid. Eventually, the father’s condition went downhill, and sepsis resulted. He died for multiple reasons, but among the reasons was probably sepsis-caused organ failure.