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BORNEMAN v. STEAK & ALE OF TEXAS, INC.

No. 98-1167.

22 S.W.3d 411 (2000)

Lea BORNEMAN, Petitioner, v. STEAK & ALE OF TEXAS, INC., d/b/a Bennigan's, Respondent.

Supreme Court of Texas.

April 6, 2000.

Attorney(s) appearing for the Case

Robert W. Hammer, David E. Keltner, Fort Worth, Robert Michael Meador, Dallas, Karen S. Precella, Fort Worth, for petitioner.

Lee M. Simpson, Linda S. Althoff, David Mike Chambers, Dallas, for respondent.

PER CURIAM.

In this dram shop case, Lea Borneman sued Steak & Ale of Texas, Inc. d/b/a Bennigan's (Steak & Ale) because she was injured in a car crash caused by one of its intoxicated patrons. The jury awarded her actual and punitive damages, and the trial court rendered judgment on the verdict. The court of appeals reversed and rendered a take-nothing judgment for Steak & Ale, holding that the jury charge omitted an element of Borneman's cause of action...

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