Texas Supreme Court
Sandy DEW
June 30, 200649 Tex. Sup. Ct. J. 851
Summary
The Texas Supreme Court held that the trial court did not err in refusing a new and independent cause instruction, reversing the Court of Appeals and remanding for other issues. The Court reasoned that the evidence did not show an unforeseeable superseding cause and that the omission of the instruction was not reversible error. Justice Johnson dissented, arguing that the evidence warranted the instruction, and Justice Brister concurred, emphasizing the limited impact of the omitted instruction.