Cropper v. Caterpillar Tractor Co.

WALLACE, Justice.

In this personal injury action, we decide whether a court of appeals has the authority to remand a cause for a new trial when it concludes that a jury’s failure to find in favor of a party on a particular issue is “against the great weight and preponderance of the evidence.” We hold that a court of appeals has the authority to review a “failure to find” in the same manner in which it may review a jury’s findings. TEX. CONST., art. V, § 6. We further hold that this review does not violate the right of trial by jury. TEX. CONST., art. I, § 15-

Anthony Paul Cropper was severely…