Baylor University v. Coley

I concur in the Court’s judgment.

By its first issue Baylor challenges the court of appeals’ determination that Coley, who had the burden to plead, prove, and obtain findings on her cause of action, properly preserved jury charge error when the proposed instruction she requested, which the trial court refused, was “wrong” as determined by this Court. Citing Texas Rule of Civil Procedure 278, Union Pacific Railroad Co. v. Williams, 85 S.W.3d 162, 169-70 (Tex.2002) and Plainsman Trading Co. v. Crews, 898 S.W.2d 786, 791 (Tex.1995), Baylor questions whether Coley preserved error as to the trial…