Texas Supreme Court

Venkateswarlu Thota, M.d. and North Texas Cardiology Center, Petitioners v. Margaret Young

May 11, 201255 Tex. Sup. Ct. J. 671

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded the case, holding that Casteel’s presumed‑harm analysis does not apply to a broad‑form question that presents a single theory of liability with separate answer blanks, nor does it apply to inferential rebuttal instructions such as new and independent cause. The Court also held that the plaintiff’s timely no‑evidence objections preserved the disputed charge issues for review and that the inclusion of a contributory negligence question and a new‑and‑independent‑cause instruction constituted harmless error.