law-jury error | charge instruction error | improper jury argument | jury selection | venire | striking juror for
cause | peremptory strike | jury waiver, waiving right to jury trial | jury error | impermissible jury argument | jury
charge error
A trial court is required to give “such instructions and definitions as shall be proper to enable the jury to
render a verdict.” TEX. R. CIV. P. 277. “An instruction is proper if it (1) assists the jury, (2) accurately states
the law, and (3) finds support in the pleadings and evidence.” Columbia Rio Grande Healthcare, L.P. v.
Hawley, 284 S.W.3d 851, 855-56 (Tex. 2009). “Determining necessary and proper jury instructions is a matter
within the trial court’s discretion, and appellate review is for abuse of that discretion.” Id.
RECENT TEXAS SUPREME COURT DECISIONS ON JURY-RELATED ERRORS
AND ISSUES RAISED ON APPEAL
Murff, MD v. Pass, No. 07-0294 (Tex. Mar. 28, 2008) (jury selection, juror confusion, disqualification)
Living Centers of Texas, Inc. v. Penalver, No. 06-0929 (Tex. Jan. 25, 2008)(per curiam)
(wrongful death, nursing home negligence, improper jury argument, value of life, Nazi comparison)
Ford Motor Co. v. Ledesma, No. 05-0895 (Tex. Dec. 21, 2007)(Willett)
(PI-auto, products liability, manufacturing defect, expert testimony, causation, jury charge error)
CASES FROM THE COURT OF APPEALS IN WHICH TEXAS SUPREME COURT
DENIED REVIEW
08-0242
UNITED PLAZA-MIDLAND L.L.C. v. FIRST SERVICE AIRCONDITIONING CONTRACTORS, INC; from Midland
County; 11th district (11-05-00382-CV, ___ SW3d ___, 12-20-07, pet denied Jun 2008) as amended as
redrafted (commercial dispute, breach of contract, fraud, conversion, attorney's fees, jury charge error, fair
trial, due process)
07-0851
R.C. JONES, SUPERIOR WASTE MANAGEMENT SERVICES, INC. AND JTI CONTRACTORS, INC. v. RUSTIN
TRANSPORTATION COMPANY, L.P.; [dissenting opinion by Justice Jennings] from Harris County; 1st district
(01-04-00566-CV, 236 S.W.3d 390, 08-02-07, pet. denied May 2008) (contract dispute, fraud, jury verdict,
improper jury argument)
Also see:
Texas Causes of Action and Defenses | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams | Texas
Caselaw Topics Pages | Texas Opinions Homepage |