Lofton v. Texas Brine Corp.

I agree with Justice Hecht’s opinion but write separately to note that my fear that Pool v. Ford Motor Co., 715 S.W.2d 629 (Tex.1986) would be used by this court to second guess the courts of appeals has been realized. See Pool, 715 S.W.2d at 638 (Gonzalez, J., concurring). The court of appeals has twice found the evidence factually insufficient; we have no jurisdiction to review it.

The accident that gave rise to this lawsuit occurred in January 1981. The case was tried in March 1983. The court of appeals initially remanded this case for a new trial in April 1985. Since then we have been…