STEAK & ALE OF TEXAS, INC. v. BORNEMAN

No. 2-97-046-CV.

62 S.W.3d 898 (2001)

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

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 10, 2002.


Attorney(s) appearing for the Case

Haynes and Boone, LLP and Sharon N. Freytag; Jackson & Walker, LLP; Lee M. Simpson and Linda S. Althoff, Dallas, for appellant.

Law Offices of Robert W. Hammer; Robert W. Hammer and Robert Meador; and Jose, Henry, Brantley & Keltner, LLP; David E. Keltner and Karen S. Precella, Fort Worth, for appellees.

PANEL B: DAY, LIVINGSTON, and GARDNER, JJ.


OPINION ON REMAND

ANNE GARDNER, Justice.

This is a dram shop case. We previously determined that the trial court erred in submitting the dram shop causation question because the question did not track the statutory causation standard. Because we held that the submitted question omitted an element of appellee Lea Borneman's cause of action and she failed to object, we reversed the trial court's judgment and rendered judgment in favor of Steak and Ale of Texas...

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