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Case Brief
McKinney v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA, 772 S.W.2d 72 (Tex.
1989).
Nature of the case: This is an appeal in the Supreme Court by McKinney against National
Union, the insurance carrier of the company she works for. A ruling from the Court of Appeal
discontented her.
Findings: The case involves McKinney, an employee of Weber Aircraft, where she incurred an
occupational disease while in the line of duty. She informed the Industrial Accident Board of
claims that could compel the Weber Aircraft insurer, National Union Fire Insurance Company, to
compensate for McKinney. However, the insurance carrier, National Union Fire, Insurance was
discontented with the award that IAB had given to McKinney, thus filling a suit in the district
courts. The trial court jury found that McKinney had not sustained any injury and thus was not
liable for compensation. Therefore, she filed an appeal that sought the request to produce the
documents that the insurance company used.
Issue: The issue presented at the Supreme Court is whether the petitioner presented a sufficient
objection to the trial court's ruling and whether the admission of the testimony of an undisclosed
witness was a reversible error
Holding: The Supreme Court alluded to the Court of Appeals ruling that the McKinney
objection of the witness (Miller), whom the National Union used, was insufficient and could not
show his identity was not disclosed. The Court states that to preserve the error, McKinney should
offer an objection that states the specific ground for ruling the trial.
Case Brief
McKinney v. NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA, 772 S.W.2d 72 (Tex.
1989).
Nature of the case: This is an appeal in the Supreme Court by McKinney against National
Union, the insurance carrier of the company she works for. A ruling from the Court of Appeal
discontented her.
Findings: The case involves McKinney, an employee of Weber Aircraft, where she incurred an
occupational disease while in the line of duty. She informed the Industrial Accident Board of
claims that could compel the Weber Aircraft insurer, National Union Fire Insurance Company, to
compensate for McKinney. However, the insurance carrier, National Union Fire, Insurance was
discontented with the award that IAB had given to McKinney, thus filling a suit in the district
courts. The trial court jury found that McKinney had not sustained any injury and thus was not
liable for compensation. Therefore, she filed an appeal that sought the request to produce the
documents that the insurance company used.
Issue: The issue presented at the Supreme Court is whether the petitioner presented a sufficient
objection to the trial court's ruling and whether the admission of the testimony of an undisclosed
witness was a reversible error
Holding: The Supreme Court alluded to the Court of Appeals ruling that the McKinney
objection of the witness (Miller), whom the National Union used, was insufficient and could not
show his identity was not disclosed. The Court states that to preserve the error, McKinney should
offer an objection that states the specific ground for ruling the trial.
