H.e. Butt Grocery Company, Petitioner v. Vinnie Bilotto, Respondent

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the trial court did not err in giving a jury instruction that conditioned the damages question on the plaintiff’s finding of fifty percent or less comparative negligence. The Court relied on the 1987 amendment to Rule 277, which permits conditioning damage questions on affirmative findings of liability, and concluded the instruction only incidentally informed the jury. Two dissenting opinions argued the instruction improperly advised the jury of the legal effect of its answers and should be reversed. A concurring opinion agreed with the majority but urged reconsideration of the rule.