Boyce Iron Works, Inc., Petitioner v. Southwestern Bell Telephone Company, Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded the case for further consideration of Boyce Iron Works' negligence claim, holding that Boyce did not waive its right to assert the alternative theory. The Court reasoned that a prevailing party need not formally elect a theory when a judgment incorporates all jury findings and may seek recovery on an alternative theory if the judgment is reversed.