Turner v. Lone Star Industries, Inc.

733 S.W.2d 242 (1987)

Mirian M. TURNER, et al., Appellant,

v.

LONE STAR INDUSTRIES, INC., Appellee.

No. 01-86-0115-CV.

Court of Appeals of Texas, Houston (1st Dist.).

March 26, 1987.

Rehearing Denied April 30, 1987.

Marty R. Akins, Akins & Pettiette, Kevin Dubose, Houston, for appellant.

Michael Phillips, Houston, for appellee.

Before COHEN, SAM BASS and LEVY, JJ.

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…