Casteel-type charge error (Texas) · Go Syfert
← Texas issues

Casteel-type charge error in Texas

5 Texas opinions name it 1 courts 2014–2015 0 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Columbia Rio Grande Healthcare, L.P. v. Hawleygreen
tex · 2009 · cited in 4 Texas opinions naming this issue, 2014–2015
2 sentences

2015See Columbia Rio Grande Healthcare, L.P. v. Hawley, 284 S.W.3d 851 , 863–65 (Tex. 2009) (broad-form negligence question included instruction that hospital acts through its employees, agents, nurses, and servants but did not inform jury that hospital is not legally liable for acts of independent contractor- physician and, as result, appellate court could not tell if jury impermissibly found hospital liable for acts of doctor where evidence raised that possibility).

2015See Powell, 356 S.W.3d at 123 (declining to apply Casteel presumed harm in a contract case when the plaintiff never contended at trial that invalid breach theories had caused damages, “so there was no risk that the jury might find damages” on that basis); Benge v. Williams, __S.W.3d__, No. 01- 12-00578-cv, 2014 WL 6462352, at *11 (Tex. App.—Houston [1st Dist.] Nov. 18, 2014, n.p.h.) (“If one of the plaintiff’s legal theories does not support liability as a matter of law and the plaintiff presented evidence to the jury on that theory that may have led the jury to answer affirmatively the broad-

34
Jim P. Benge, M.D. and Kelsey-Seybold Medical Group PLLC v. Lauren Williamsgreen
texapp · 2014 · cited in 2 Texas opinions naming this issue, 2015–2015
2 sentences

2015See Benge, 2014 Tex. App. LEXIS 12445, at *30 (“If one of the plaintiff’s legal theories does not support liability as a matter of law and the plaintiff presented evidence to the jury on that theory that may have led the jury to answer affirmatively the broad-form liability question incorporating the invalid theory, there is a Casteel-type charge error.”).

2015See Powell, 356 S.W.3d at 123 (declining to apply Casteel presumed harm in a contract case when the plaintiff never contended at trial that invalid breach theories had caused damages, “so there was no risk that the jury might find damages” on that basis); Benge v. Williams, __S.W.3d__, No. 01- 12-00578-cv, 2014 WL 6462352, at *11 (Tex. App.—Houston [1st Dist.] Nov. 18, 2014, n.p.h.) (“If one of the plaintiff’s legal theories does not support liability as a matter of law and the plaintiff presented evidence to the jury on that theory that may have led the jury to answer affirmatively the broad-

22
Powell Electrical Systems, Inc. v. Hewlett Packard Co.green
texapp · 2011 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015See Powell, 356 S.W.3d at 123 (declining to apply Casteel presumed harm in a contract case when the plaintiff never contended at trial that invalid breach theories had caused damages, “so there was no risk that the jury might find damages” on that basis); Benge v. Williams, __S.W.3d__, No. 01- 12-00578-cv, 2014 WL 6462352, at *11 (Tex. App.—Houston [1st Dist.] Nov. 18, 2014, n.p.h.) (“If one of the plaintiff’s legal theories does not support liability as a matter of law and the plaintiff presented evidence to the jury on that theory that may have led the jury to answer affirmatively the broad-

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

← Caselaw search · G Cite Topics · Brief Check