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

Summary

The Texas Supreme Court held that Warner's petition alleged only a premises‑liability claim, so the trial court was correct in submitting only a premises‑liability charge and the refusal to submit a broad‑form question was not harmful error; therefore the Court of Appeals judgment was reversed and the case remanded for further consideration. The dissent argued that Warner should be allowed a separate negligent‑failure‑to‑pre‑bag claim, and a concurrence agreed with the result but not the majority's reasoning.