F.f.p. Operating Partners, L.p., D/b/a Mr. Cut Rate # 602, Petitioner v. Xavier Duenez and Wife Irene Duenez, As…

Summary

The Texas Supreme Court held that Chapter 33 of the Texas Civil Practice and Remedies Code applies to all Dram Shop Act claims, including third‑party actions, and that the trial court erred by severing F.F.P.'s cross‑claim against the intoxicated driver and by refusing to submit jury questions on the driver’s negligence and proportionate responsibility. The Court reversed the Court of Appeals judgment and remanded for a new trial. Chief Justice Jefferson and Justice O’Neill dissented, arguing that the majority’s construction improperly limits dram‑shop liability.