H.E. Butt Grocery Co. v. Warner

OPINION

CORNYN, Justice.

This slip and fall case concerns the pleading arid requested submission requirements for independent, alternative theories of recovery. The trial court submitted only the plaintiff’s (Warner’s) premises liability theory, which the jury answered favorably to H.E.B. Based upon its holding that Warner was erroneously denied submission of an additional theory of recovery, the court of appeals reversed the trial court’s take-nothing judgment and remanded the cause for a new trial. 820 S.W.2d 819. Because we hold that Warner pleaded and requested submission of only a premises…