Steak & Ale of Texas, Inc. v. Borneman

OPINION ON REMAND

ANNE GARDNER, Justice.

This is a dram shop case. We previously determined that the trial court erred in submitting the dram shop causation question because the question did not track the statutory causation standard. Because we held that the submitted question omitted an element of appellee Lea Borneman’s cause of action and she failed to object, we reversed the trial court’s judgment and rendered judgment in favor of Steak and Ale of Texas, Inc. d/b/a Bennigan’s. Steak & Ale v. Borneman, No. 2-97-046-CV, slip op. at 7, (Tex.App.—Fort Worth Aug.31, 1998) (not designated for…