H.E. Butt Grocery Co. v. Bilotto

in which PHILLIPS, Chief Justice, GONZALEZ and ABBOTT, Justices, and LINDA THOMAS, Justice (Assigned),1 joined.

The issue in this cause is whether a jury charge instruction predicating a damages question on a finding of fifty percent or less comparative negligence violates Rule 277 of the Texas Rules of Civil Procedure. The trial court submitted the jury instruction *23over HEB’s objection and the jury found HEB and Bilotto each were fifty percent negligent. The court of appeals affirmed. 928 S.W.2d 197. We now affirm the judgment of the court of appeals.

Vinnie Bilotto suffered back injuries when…