Turner v. Lone Star Industries, Inc.

OPINION

COHEN, Justice.

The primary issue for decision in this case is whether it was reversible error for the trial judge to submit a special issue on contributory negligence for a defendant who did not plead that defense. We hold that under the facts of this case, any error probably did not cause the rendition of an improper judgment. Consequently, we affirm.

Turner and her children sued Lone Star for damages resulting from the death of their husband and father, Cleve Turner, allegedly caused by Lone Star’s gross negligence. Cleve Turner was killed when a tank he was welding exploded. The tank…