Warner v. H.E. Butt Grocery Co.

OPINION ON REMAND

CUMMINGS, Justice.

This is round three of an appeal by the Warners from a take-nothing judgment in a slip-and-fall case against H.E. Butt Grocery Co. The trial court submitted only the Warners’ premises-liability theory, which the jury answered favorably to H.E.B. On original submission, this court held that the trial court erroneously denied the Warners’ requested submission of an additional theory of recovery. Finding that the error was reasonably calculated to cause and probably did cause rendition of an improper judgment, we reversed the trial court’s take-nothing judgment…