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 because the evidence was insufficient to show an unforeseeable superseding cause, and it reversed the Court of Appeals' judgment, remanding for consideration of other issues. Justice Johnson dissented, arguing that the evidence did support the instruction and would have affirmed the appellate court.