Harris County, Texas, Petitioner v. Lynn Smith, Erica Smith

Summary

The Texas Supreme Court held that the trial court's broad‑form damage questions, which included elements lacking evidentiary support despite Harris County's timely objection, constituted harmful error requiring reversal and remand. The Court applied the reasoning of Crown Life Insurance Co. v. Casteel to damage elements and reviewed the charge error de novo. Justice O'Neill dissented, arguing that the error was harmless and the judgment should be affirmed.