Living Centers of Texas, Inc., Cyndi Brown, Lnfa, and Kimberly Bordovsky, Don, Petitioners v. Augustine Peñalver…

Summary

The Texas Supreme Court held that the plaintiffs’ final jury argument comparing the defendant’s counsel to Nazi perpetrators was an incurable error that struck at the court’s impartiality and therefore required reversal of the Court of Appeals’ judgment and a remand for a new trial. The Court also clarified that a failure to timely object does not bar review when the argument was uninvited and inherently prejudicial.