BED, BATH & BEYOND, INC. v. URISTA

No. 04-0332.

211 S.W.3d 753 (2006)

BED, BATH & BEYOND, INC., Petitioner, v. Rafael URISTA, Respondent.

Supreme Court of Texas.

Decided December 29, 2006.


Attorney(s) appearing for the Case

Michael Phillips, Evelyn Ailts Derrington, Phillips & Akers, P.C., Jonathan Christopher Kieschnick, Houston, for petitioner.

Thomas N. Thurlow, Thomas N. Thurlow & Associates, Steven E. Norris, Law Offices of Thomas N. Thurlow & Associates, PC, Allen H. Kline Jr., Jonathan Scott Stoger, O'Quinn, Laminack & Pirtle, Houston, for respondent.

Peter M. Kelly, Moore & Kelly, P.C., Houston, Guy D. Choate, President, Texas Trial Lawyers Association, Austin, for amicus curiae.


Justice GREEN delivered the opinion of the Court, in which Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice JOHNSON and Justice WILLETT joined.

In this case we decide whether an unavoidable accident instruction given to the jury caused reversible error and requires a new trial. We conclude that because the record does not support a finding that the trial court's submission of the instruction probably caused the rendition of an improper...

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