See, e.g., Brookshire Grocery Co. v. Goss, 208 S.W.3d 706, 723 (Tex.App.-Texarkana 2006, no pet.) (evidence was legally sufficient to support finding that employer breached its duty to provide safe workplace). Because Ramirez was an employee acting in the course and scope of his employment, his negligence constituted a breach of LMC’s duty to use ordinary care in providing a safe workplace. See Tex. Lab.Code Ann. § 406.033(a)(3) (Vernon 2006) (“In an action against an employer who does not have workers’ compensation' insurance coverage to recover damages for personal injuries or death sustained by an employee in the course and scope of the employment, it is not a defense that ... the injury or death was caused by the negligence of a fellow employee.”); Elwood, 197 S.W.3d at 794 (<HOLDING>). Additionally, based on LMC’s knowledge of
holding that chapter 95 controlled liability for injuries arising from failure to provide a safe workplace holding that passenger cannot maintain action for breach of implied warranty to provide safe passage holding that a business owner has a duty to use reasonable care to maintain premises in a reasonably safe condition for patrons recognizing a state law tort claim for negligence arising under a duty to provide a safe work environment holding that employer has nondelegable duty to provide safe workplace