Wilson v. Texas Parks & Wildlife Department

Holding that the jury was not properly instructed on the elements of the plaintiffs’ cause of action, the court of appeals remanded this case for a new trial in the interest of justice under Rule 43.3(b) of the Texas Rules of Appellate Procedure. 1 Based on what we think is the issue that should be remanded, we deny the petitions for review.

Wilton and Wilford Wilson, brothers, drowned in a stretch of the Ped-ernales River that flooded while they were fishing. The accident occurred where the river borders on Pedernales Falls State Park, and the Wilsons’ beneficiaries sued the owner of the…