Texas Employers Insurance Association v. O. T. Haywood

Summary

The Texas Supreme Court reversed the lower courts and remanded for a new trial because counsel’s inflammatory racial argument, made without a timely objection, was not curable by retraction or instruction and therefore warranted reversal. The Court also articulated the test for curability of prejudicial argument and affirmed that lack of a timely objection does not bar a new trial when prejudice is incurable.