This section contains the nature of the case and procedural background.

P was employed by Hydrocarbon who was performing a 'turnaround' on a fluid catalytic cracking unit owned and operated by D. During the course of performing the 'turnaround' P was injured as a result of a fall due to an alleged premises defect. After settling his workers compensation claim with Hydrocarbon's workers compensation carrier, P sued D for the damages resulting from his injuries. The jury apportioned the negligence of the parties as follows: P 15%, Hydrocarbon 42% and D 43%. The jury further found damages for D in the sum of $606,800. The trial court rendered judgment for $243,924.00, or 43% of the total damages. The court of appeals affirmed. P appealed.

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