H.E. BUTT GROCERY CO. v. BILOTTO

No. 96-0995.

985 S.W.2d 22 (1998)

H.E. BUTT GROCERY COMPANY, Petitioner, v. Vinnie BILOTTO, Respondent.

Supreme Court of Texas.

Decided July 14, 1998.


Attorney(s) appearing for the Case

Wade B. Shelton, Wallace B. Jefferson, Sunny J. Jansma, San Antonio, for Petitioner.

Les Mendelsohn, Ricky J. Poole, San Antonio, for Respondent.


SPECTOR, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ and ABBOTT, Justices, and LINDA THOMAS, Justice (Assigned),1 joined.

The issue in this cause is whether a jury charge instruction predicating a damages question on a finding of fifty percent or less comparative negligence violates Rule 277 of the Texas Rules of Civil Procedure. The trial court submitted the jury instruction

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