H.e. Butt Grocery Company, Petitioner v. Mr. and Mrs. Richard Warner, Respondents

Summary

The Texas Supreme Court held that the Warner petition only alleged a premises‑liability claim and that the trial court's refusal to submit Warner's requested broad‑form jury question was not harmful error, thereby reversing the Court of Appeals and remanding for further consideration. The Court emphasized that a plaintiff's pleadings must be liberally construed but found no independent negligent‑activity theory. A dissent argued that the failure‑to‑pre‑bag claim should be a distinct cause of action, and a concurrence agreed with the result but not the majority's reasoning.