Reinhart v. Young

delivered a dissenting opinion,

joined by Justice CORNYN and Justice GAMMAGE.

The issue we address is whether the trial court committed reversible error by including an instruction regarding the doctrine of unavoidable accident in its charge to the jury. Because we hold that the trial court’s *472error, if any, was harmless, we affirm the judgment of the court of appeals. 874 S.W.2d 773.

I

Sallye Treme was driving her car on Highway 59 near Houston at about fifty miles per hour during the morning of March 17, 1989. The weather was good, and traffic was generally light. After Treme drove over an…