Ortale v. City of Rowlett

I must respectfully dissent since the majority opinion endorses “trial by ambush” in holding that unpled special damages (future medical expenses and future physical impairment) requiring expert rebuttal testimony may be pled by trial amendment. Here follows the body of the original panel’s holdings as to Ortale’s assignments of error, which I adopt.

Ortale first argues that his general prayer was a sufficient pleading to support the admission of evidence and the submission of issues, and to entitle him to judgment. Ortale relies upon Adams v. Morris, 584 S.W.2d 712 (Tex.Civ.App.—Tyler 1979,…