Dew v. Crown Derrick Erectors, Inc.

delivered a plurality opinion,

joined by Chief Justice JEFFERSON, Justice O’NEILL, and Justice WAINWRIGHT.

The issue in this wrongful death and survival action is whether the trial court erred in refusing to submit an inferential rebuttal instruction on “new and independent cause.” A divided court of appeals reversed and remanded for new trial, concluding that the trial court had erred in failing to submit a new and independent cause instruction because the evidence raised the issue. 117 S.W.Sd 526, 537. We do not agree that the evidence in this case required the submission of this additional…