Diamond Shamrock Refining Co., L.p., Diamond Shamrock Refining and Marketing Co., Diamond Shamrock, Inc., Sigmor…

Summary

The Texas Supreme Court held that the plaintiff failed to produce clear and convincing evidence of the subjective component of gross negligence required for exemplary damages, and therefore reversed the appellate court's judgment and entered judgment for Diamond Shamrock. The Court also concluded that Diamond Shamrock did not waive its right to challenge the jury verdict.