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THOTA v. YOUNG

No. 09-0079.

366 S.W.3d 678 (2012)

Venkateswarlu THOTA, M.D. and North Texas Cardiology Center, Petitioners, v. Margaret YOUNG, individually, and as Representative of the Estate of William R. Young, Respondent.

Supreme Court of Texas.

Decided May 11, 2012.

Attorney(s) appearing for the Case

Diana L. Faust , R. Brent Cooper , Cooper & Scully P.C., Dallas, J. Wade Birdwell , D. Michael Wallach , Jennifer M. Andrews , Wallach & Andrews P.C., Fort Worth, Marc Maraman Tittlebaum , Richard Clark Harrist , Cooper & Scully P.C., Matthew Christopher Kawalek , Sodal Security Administration, Michelle E. Robberson , Cooper & Scully, P.C., Dallas, for Venkateswarlu Thota, M.D.

Doug Perrin , Jerry Mark Perrin , The Perrin Law Firm, Dallas, for Margaret Young.

Justice GREEN delivered the opinion of the Court.

We have held that reversible error is presumed when a broad-form question submitted to the jury incorporates multiple theories of liability and one or more of those theories is invalid, Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378, 388 (Tex. 2000), or when the broad-form question commingles damage elements that are unsupported by legally sufficient evidence, Harris Cnty...

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