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HARRIS COUNTY v. SMITH

No. 01-0531.

96 S.W.3d 230 (2002)

HARRIS COUNTY, Texas, Petitioner, v. Lynn SMITH, Erica Smith, Individually and as next friend of Hasasha Smith and Lynn Smith, Jr., Respondents.

Supreme Court of Texas.

Decided December 19, 2002.

Rehearing Denied February 27, 2003.

Attorney(s) appearing for the Case

Michael A. Stafford, Harris County Attorney, Cedric K. Loeb, Harris County Attorney's Office, Sandra D. Hachem, Harris County Assistant Attorney, Houston, for Petitioner.

Willie High Coleman, Bates & Coleman, P.C., Houston, for Respondents.

Chief Justice PHILLIPS delivered the Opinion of the Court joined by Justice HECHT, Justice OWEN, Justice JEFFERSON, and Justice SMITH.

In this case we must decide whether the trial court committed harmful error by submitting a broad-form question on damages that included an element without any evidentiary support. The court of appeals found no harm because the jury's award could have reasonably been based on other elements of damage for which there was evidentiary...

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