Borneman v. Steak & Ale of Texas, Inc.

In this dram shop case, Lea Borneman sued Steak & Ale of Texas, Inc. d/b/a Bennigan’s (Steak & Ale) because she was injured in a car crash caused by one of its intoxicated patrons. The jury awarded her actual and punitive damages, and the trial court rendered judgment on the verdict. The court of appeals reversed and rendered a take-nothing judgment for Steak & Ale, holding that the jury charge omitted an element of Borneman’s cause of action. Although we agree with the court of appeals that the charge was erroneous, the court of appeals should not have rendered judgment because the error in…