Shupe v. Lingafelter, 192 S.W.3d 577 (Tex. 2006). · Go Syfert
Shupe v. Lingafelter, 192 S.W.3d 577 (Tex. 2006). Cases Citing This Book View Copy Cite
446 citation events (446 in the last 25 years) across 3 distinct courts.
Strongest positive: MSW Corpus Christi Landfill, Ltd. v. Gulley-Hurst L.L.C. (texapp, 2021-10-21)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 50 distinct citers.
examined Cited as authority (verbatim quote) MSW Corpus Christi Landfill, Ltd. v. Gulley-Hurst L.L.C. (2×) also: Cited as authority (rule)
Tex. App. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when a trial court refuses to submit a requested instruction on an issue raised by the pleadings and evidence, the question on appeal is whether the request was reasonably necessary to enable the jury to render a proper verdict.
examined Cited as authority (verbatim quote) Kenneth Alford and Denise Alford v. Gerald Singleton (5×) also: Cited "see"
Tex. App. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
on a negligent entrustment theory, a plaintiff must prove, among other elements, that the driver was negligent on the occasion in question and that the driver's negligence proximately caused the accident.
discussed Cited as authority (verbatim quote) Southwestern Energy Production Company v. Toby Berry-Helfand and Gery Muncey
Tex. App. · 2016 · quote attribution · 1 verbatim quote · confidence high
we review a trial court's decision to submit or refuse a particular instruction under an abuse of discretion standard.
examined Cited as authority (verbatim quote) LeaAnne Klentzman and Carter Publications, Inc., D/B/A the West Fort Bend Star v. Wade Brady (3×) also: Cited as authority (rule)
Tex. App. · 2014 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
when a trial court refuses to submit a requested instruction on an issue raised by the pleadings and evidence, the question on appeal is whether the request was reasonably necessary to enable the jury to render a proper verdict.
discussed Cited as authority (verbatim quote) American Alternative Insurance Corporation v. Robert Davis and J&D Towing, LLC (2×) also: Cited "see"
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
we review a trial court's decision to submit or refuse a particular instruction under an abuse of discretion standard.
examined Cited as authority (verbatim quote) Memorandum Opinion Railroad Commission of Texas v. Gulf Energy Exploration Corp. (2×) also: Cited as authority (rule)
Tex. App. · 2014 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when a trial court'refuses'to submit a requested instruction on an issue raised by the .pleadings and evidence, the question on appeal is whether the request was reasonably necessary to enable the jury to render a proper verdict.
discussed Cited as authority (verbatim quote) State of Texas v. Burns Motors, Inc.
Tex. App. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence high
we review a trial court's decision to submit or refuse a particular instruction under an abuse of discretion standard.
discussed Cited as authority (verbatim quote) Allen v. American General Finance, Inc. (2×) also: Cited as authority (rule)
Tex. App. · 2008 · quote attribution · 1 verbatim quote · confidence high
error in the omission of an issue is harmless 'when the findings of the jury in answer to other issues are sufficient to support the judgment.
discussed Cited as authority (quoted) James Dewbre v. Anheuser-Busch, Inc.
Tex. App. · 2008 · signal: see · quote attribution · 1 verbatim quote · confidence high
the opinion of an investigating officer with level two reconstruction training is admissible
cited Cited as authority (rule) Naushad Velani, Rosharana Velani and Rozmin Velani v. Moiz Ashraf Dhanji
txctapp1 · 2026 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) Justin C. Pfeiffer v. David H. Berg & David H. Berg & Associates PC, D/B/A Berg & Androphy
txctapp1 · 2026 · confidence medium
Res., Inc., 634 S.W.3d 54 , 66 (Tex. App.—Houston [1st Dist.] 2019, no pet.) (citing Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006)).
cited Cited as authority (rule) Edgemere Loop 375, LLC, a Texas Limited Liability Company v. Lookman Lawal, M.D., and Southwestern Cardiac Arrhythmia Institute, P.A., a Texas Professional Association
Tex. App. · 2025 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
discussed Cited as authority (rule) Michael Mark Martin, Richard Scott Martin, Jeffrey Webb Martin, Individually and on Behalf of Network Operator Services, Inc., a Texas Corporation v. Ron Hutchison, Tony Cason, Tim Martin and Ronnie Martin
Tex. App. · 2025 · confidence medium
Standard of Review “We review jury charge error under an abuse-of-discretion standard.” Knoderer v. State Farm Lloyds, 515 S.W.3d 21, 41 (Tex. App.—Texarkana 2017, pets. denied) (citing Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam)).
cited Cited as authority (rule) Stephanie Montagne Zoanni v. Lemuel David Hogan
Tex. App. · 2024 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
discussed Cited as authority (rule) In the Interest of C.C.O., a Child v. the State of Texas
Tex. App. · 2024 · confidence medium
“Error in the omission of an issue is harmless when the findings of the jury in answer to other issues are sufficient to support the judgment.” Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (citation omitted).
discussed Cited as authority (rule) David Canales, Jr., Individually, and as Next Friend of David Adrian Canales, and Angie Marie Canales v. Edward Curtis Vandenberg
Tex. App. · 2024 · confidence medium
“When a trial court refuses to submit a requested instruction on an issue raised by the pleadings and evidence, the question on appeal is whether the request was reasonably necessary to enable the jury to render a proper verdict.” Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
discussed Cited as authority (rule) Jeffrey R. Vaughan v. Raul Medina and Law Offices of Raul Medina, P.C.
Tex. App. · 2024 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); see Samlowski v. Wooten, 332 S.W.3d 404, 410 (Tex. 2011) (noting that a trial court abuses its discretion when it acts in an arbitrary or unreasonable manner or without reference to guiding rules or principles). 9 In 2020, we found that the evidence was legally sufficient to support the award of fees to Medina.
cited Cited as authority (rule) Michael A. Mitchell v. Alexis Ruchelle Solchenberger
Tex. App. · 2024 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex.2006).
cited Cited as authority (rule) Stephanie Montagne Zoanni v. Lemuel David Hogan
Tex. App. · 2023 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) In Re: The Commitment of Kameron Dedan Pearson v. the State of Texas
Tex. App. · 2023 · confidence medium
“The omission of an instruction is reversible error only if the omission probably caused the rendition of an improper judgment.” Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam).
examined Cited as authority (rule) Emily Abney-Acosta v. Robert Santaella, M.D. (6×) also: Cited "see"
Tex. App. · 2023 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) A. P. v. Texas Department of Family and Protective Services
Tex. App. · 2023 · confidence medium
“The omission of an instruction is reversible error only if the omission probably caused the rendition of an improper judgment.” Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); see Tex. R.
cited Cited as authority (rule) 1776 Energy Partners, LLC and 1776 Energy Operators, LLC v. Marathon Oil EF, LLC and Marathon Oil EF II, LLC
Tex. App. · 2023 · signal: cf. · confidence medium
P. 44.1; cf. Shupe v. Lingafelter, 192 S.W.3d 577, 580 (Tex. 2006) (per curiam) (failure to submit issue rendered harmless by jury’s other answer negating that issue).
examined Cited as authority (rule) Texas Central Business Lines Corporation v. U.S. Polyco, Inc. (3×) also: Cited "see"
Tex. App. · 2022 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam).
discussed Cited as authority (rule) Pleasant Grove Independent School District v. FieldTurf USA Inc. and Altech, Inc.
Tex. App. · 2022 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); In re V.L.K., 24 S.W.3d 338, 341 (Tex. 2000). 11 An abuse of discretion occurs where a trial court acts arbitrarily, unreasonably, or without consideration of guiding principles or clearly fails to analyze or apply the law correctly.
cited Cited as authority (rule) Bertoldo Balderas, as Next Friend of Rigoverto Balderas v. Zurich American Insurance Company
Tex. App. · 2022 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam); Sloane v. Goldberg B’Nai B’Rith Towers, 577 S.W.3d 608, 616 (Tex. App.— Houston [14th Dist.] 2019, no pet.).
cited Cited as authority (rule) BAM Heavy Equipment and Repair, LLC and Bert T. Johnson v. Michael E. Jackson
Tex. App. · 2021 · confidence medium
See Columbia Rio Grande Healthcare, L.P. v. Hawley, 284 S.W.3d 851, 856 (Tex. 2009); Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) John W. Sloane v. Karl Brisco
Tex. App. · 2020 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); Allstate Ins.
discussed Cited as authority (rule) Texas Windstorm Insurance Association, Brush Country Claims, LTD and David Gutierrez v. David James and Sue James
Tex. App. · 2020 · confidence medium
“Error in the omission of an issue is harmless ‘when the findings of the jury in answer to other issues are sufficient to support the judgment.’” Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam) (quoting Boatland of Hous., Inc. v. Bailey, 609 S.W.2d 743, 750 (Tex. 1980)); see also City of Brownsville v. Alvarado, 897 S.W.2d 750, 752 (Tex. 1995) (providing that a jury question may be immaterial, and therefore its submission harmless, “when its answer can be found elsewhere in the verdict or when its answer cannot alter the effect of the verdict”).
cited Cited as authority (rule) Hossein S. Namdarkhan and Bardia Namdarkhan v. Glast, Phillips & Murray, P.C., Mark C. Enoch, Mark C. Enoch, PC, and Matthew Enoch
Tex. App. · 2020 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam).
cited Cited as authority (rule) Luis De Jesus Lara Munoz and Unimex Logistics, L.L.C. v. Ray Castillo
Tex. App. · 2020 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) in the Interest of H.J.Y.S., a Child
Tex. App. · 2020 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. In the Interest of H.J.Y.S., a Child Page 17 2006).
discussed Cited as authority (rule) Harris County, Texas and Kevin Vailes v. Barbara Coats, Individually, as Personal Representative of the Estate of Jamail Amron, and as Heir to the Estate of Jamail Amron, And Ali Amron, Individually and as Heir to the Estate of Jamail Amron, Barbara Coats
Tex. App. · 2020 · confidence medium
App. P. 44.1(a); Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam) (explaining that error in charge is harmless “when the findings of the jury in answer to other issues are sufficient to support the judgment”).
cited Cited as authority (rule) Odmae Perron and David Albert Perron v. Cox Tank Construction, Inc.
Tex. App. · 2020 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam); Ins.
cited Cited as authority (rule) Richard Haynes v. Union Pacific Railroad Company, a Corporation
Tex. App. · 2020 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) Lawrence E. Meyers, as Manager of the Ramon Burstyn Irrevocable Trust v. 8007 Burnet Holdings, LLC John Reese Nelson Magen Bullock Nelson Antonio Calvo J.M.N. Enterprises, LLC And 8007 Burnet Road, Austin, Texas, in Rem
Tex. App. · 2020 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); Elness Swenson Graham Architects, Inc. v. RLJ II-C Austin Air, LP, 520 S.W.3d 145, 158-59 (Tex.App.--Austin 2017, pet. denied).
cited Cited as authority (rule) Certain Underwriters at Lloyd's, London, Syndicate Number 2020, 1084, 2001, 457, 510, 2791, 2987, 3000, 1221, 5000 and Navigators Insurance Company UK v. Prime Natural Resources, Inc.
Tex. App. · 2019 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) Certain Underwriters at Lloyd's, London, Syndicate Number 2020, 1084, 2001, 457, 510, 2791, 2987, 3000, 1221, 5000 and Navigators Insurance Company UK v. Prime Natural Resources, Inc.
Tex. App. · 2019 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) State Farm Lloyds v. Robert MacKeen and Rebecca MacKeen
Tex. App. · 2019 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); Hamid v. Lexus, 369 S.W.3d 291, 295 (Tex. App.—Houston [1st Dist.] 2011, no pet.).
cited Cited as authority (rule) C & C Road Construction, Inc./SAAB Site Contractors, L.P. v. SAAB Site Contractors, L.P./C & C Road Construction, Inc.
Tex. App. · 2019 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); Salas v. Total Air Services, LLC, 550 S.W.3d 683, 689 (Tex.App.--El Paso 2018, no pet.).
cited Cited as authority (rule) Cia Babiy v. Ramzi Morgan Kelley
Tex. App. · 2019 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam).
discussed Cited as authority (rule) Estate of W. R. Durrill (2×) also: Cited "see"
Tex. App. · 2019 · confidence medium
“When a trial court refuses to submit a requested instruction on an issue raised by the pleadings and evidence, the question on appeal is whether the request was reasonably necessary to enable the jury to render a proper verdict.” Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam).
discussed Cited as authority (rule) in the Interest of A.G. v. M.G. v. D.G. v. and E.G. v. Children
Tex. App. · 2018 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); J.A.B. v. Tex. Dep’t of Family and Protective Servs., No. 03-13-00273-CV, 2013 WL 4487513 , at *1 (Tex. App.—Austin Aug. 14, 2013, pet. denied) (mem. op.).
cited Cited as authority (rule) Sam Rayburn Municipal Power Agency v. Ralph J. Gillis, Gillis Borchardt & Barthel LLP, Obain Associates Limited and the Jasper/VPPA Settlement Trust
Tex. App. · 2018 · confidence medium
Thota v. Young, 366 S.W.3d 678, 687 (Tex. 2012); Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006).
cited Cited as authority (rule) Debra C. Gunn, M.D., Obstetrical and Gynecological Associates, P.A., and Obstetrical and Gynecological Associates P.L.L.C. v. Andre McCoy, as Permanent Guardian of Shannon Miles McCoy, an Incapacitated Person
Tex. · 2018 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam) (citing Tex. Workers’ Comp.
cited Cited as authority (rule) Heriberto Salas, Individually and D/B/A Iceland Refrigeration v. Total Air Services, LLC
Tex. App. · 2018 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); Financial Ins.
discussed Cited as authority (rule) Cia Babiy v. Ramzi Morgan Kelley
Tex. App. · 2018 · confidence medium
P. 277 (“The court shall submit such instructions and definitions as shall be proper to enable the jury to render a verdict”); Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006). 50 C.R. 253. 51 6 R.R. 36–39. 52 Carrington v. Denison Poultry & Egg Co., No. 05-91-01181-CV, 1992 WL 193487 , at *3 (Tex. App.—Dallas Aug. 11, 1992, writ denied) (not designated for publication). - 13 - that the jury rendered an improper verdict.
cited Cited as authority (rule) James C. Iler and Linda Iler v. RVOS Farm Mutual Insurance Company
Tex. App. · 2017 · confidence medium
Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006); Hamid v. Lexus, 369 S.W.3d 291, 295 (Tex. App.—Houston [1st Dist.] 2011, no pet.).
discussed Cited as authority (rule) State v. Luby's Fuddruckers Restaurants, LLC
Tex. App. · 2017 · confidence medium
King Fisher Marine Serv., L.P. v. Tamez, 443 S.W.3d 838, 842 (Tex. 2014) (definitions); Shupe v. Lingafelter, 192 S.W.3d 577, 579 (Tex. 2006) (per curiam) (instructions); Pitts & Collard, LLP v. Schechter, 369 S.W.3d 301, 318 (Tex. App.—Houston "[1st Dist.] 2011, no pet.) (op. on reh’g) (questions).
Brent J. SHUPE and JCJ Trucking, and Midwest Coast Transport D/B/A MCT, Petitioners,
v.
John LINGAFELTER, Kathleen Lingafelter, Mark Girgus, and Carrie Girgus, Individually and as Next Friends for Kaley Girgus, a Minor; Matthew Teague, Brenda Teague, and Daniel Leon Jackson and Lisa Boyd, Respondents
05-0083.
Texas Supreme Court.
May 5, 2006.
192 S.W.3d 577
Jack McKinley, Robert L. Ramey, Ra-mey, Chandler, McKinley & Zito, P.C., Houston, for Petitioner., Kevin B. Miller, Law Offices of Miller & Bieklein, Lubbock, for Respondent.
Per Curiam.
Cited by 281 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 84%
Citer courts: Court of Appeals of Texas (1)
PER CURIAM.

In this personal injury suit, a jury returned a verdict that the negligence of Joseph Heppler, the driver of a pickup truck, was the sole cause of a multi-vehicle accident. The jury further found that none of the negligence that caused the accident was attributable to another driver, Brent Shupe, or his alleged employer, Midwest Coast Transport (MCT). Because the jury concluded that the plaintiffs suffered no damages, the trial court entered a take-nothing judgment. The court of appeals reversed the judgment and remanded the case for a new trial on grounds that the trial court committed reversible error by refusing to submit a requested instruction on MCT’s alleged negligent entrustment of a commercial vehicle to Shupe. We reverse the court of appeals’ judgment and uphold the jury’s verdict.

On June 30, 2004, a truck pulling a wide load was stopped in the eastbound lane of Highway 67 on the narrow, steel-encased Brazos River Bridge. As traffic stacked up behind the truck, a van came to a stop several vehicles behind the wide load. Heppler’s pickup truck rear-ended the van and then swerved into the westbound lane into the path of an oncoming tractor trailer driven by Shupe. Shupe’s tractor trailer collided with Heppler’s pickup, shearing the pickup’s fuel tank and causing a fire that injured Heppler’s passengers. Shupe then lost control of the tractor trailer and struck a Toyota driven by John Lingafel-ter in the eastbound lane, damaging the car and injuring the occupants.

Lingafelter and his passengers (the Lin-gafelter plaintiffs) sued Heppler, Shupe, JCJ Trucking, and MCT. [1] After the Lin-gafelter plaintiffs settled with Heppler for á $20,000 insurance policy limit, Heppler’s passengers (the Heppler plaintiffs) intervened in the suit. The Lingafelter and Heppler plaintiffs maintained the suit against Shupe, JCJ Trucking, and MCT for damages arising from Shupe’s negligence. The plaintiffs’ theories of recovery against JCJ Trucking and MCT included vicarious liability as Shupe’s employers; direct liability for negligently training, licensing, and approving Shupe as a driver; and negligent entrustment.

The jury charge contained one liability question addressing the alleged negligence of the defendants. During the charge conference, instead of requesting a separate question on negligent entrustment, the plaintiffs requested the following instruction: “As to Midwest Coast Transport d/b/a MCT, ‘negligence’ means entrusting[*579] a vehicle to an incompetent or reckless driver if the entrustor knew or should have known that the driver was incompetent or reckless. Such negligence is a proximate cause of a collision if the negligence of the driver to whom the vehicle was entrusted is a proximate cause of the collision.” The trial court refused this instruction but did provide definitions of negligence, ordinary care, proximate cause, sole proximate cause, and sudden emergency.

In Question 1 of the jury charge, the trial court inquired whether the negligence of Shupe, MCT, or Heppler proximately caused the accident. The jury answered “yes” for Heppler and “no” for MCT and Shupe. [2] The trial court also submitted a question asking the jury to determine the percentage of the negligence attributable to each defendant. The jury answered “100%” for Heppler and “0%” for MCT and Shupe. [3] The jury also answered “$0” to each of seven damages questions. The trial court entered a take-nothing judgment against all plaintiffs.

A divided court of appeals reversed the trial court’s verdict and remanded for a new trial on grounds that the trial court erred by not including the requested jury instruction on negligent entrustment in its charge to the jury. 154 S.W.3d 233, 234. Having reversed on the liability issues, the court of appeals also agreed with Lingafel-ter that there was insufficient evidence to support the jury findings of zero damages. Id. at 235. The dissent argued that the instruction regarding negligent entrustment was unnecessary and its omission harmless error. Id. at 235 (Gray, C.J., dissenting). The court of appeals denied rehearing in a supplemental opinion. 154 S.W.3d 233. Without determining error, we agree with the dissent that any error in the omission was harmless.

We review a trial court’s decision to submit or refuse a particular instruction under an abuse of discretion standard. See La.-Pac. Corp. v. Knighten, 976 S.W.2d 674, 676 (Tex.1998). When a trial court refuses to submit a requested instruction on an issue raised by the pleadings and evidence, the question on appeal is whether the request was reasonably necessary to enable the jury to render a proper verdict. Tex. Workers’ Comp. Ins. Fund v. Mandlbauer, 34 S.W.3d 909, 912 (Tex.2000) (referring to Texas Rules of Civil Procedure 277 and 278). The omission of an instruction is reversible error only if the omission probably caused the rendition of an improper judgment. TEX. R. APP. P. 61.1(a); 44.1(a); see Wal-Mart Stores, Inc. v. Johnson, 106 S.W.3d 718, 723 (Tex.2003). Error in the omission of an issue is harmless “when the findings of the jury in answer to other issues are sufficient to support the judgment.” See [*580] Boatland of Houston, Inc. v. Bailey, 609 S.W.2d 743, 750 (Tex.1980) (even assuming submission was improper, error was harmless); see also City of Brownsville v. Alvarado, 897 S.W.2d 750, 752 (Tex.1995) (a jury question may be immaterial, and therefore its submission harmless, “when its answer can be found elsewhere in the verdict or when its answer cannot alter the effect of the verdict”).

On a negligent entrustment theory, a plaintiff must prove, among other elements, that the driver was negligent on the occasion in question and that the driver’s negligence proximately caused the accident. Williams v. Steves Indus., Inc., 699 S.W.2d 570, 571 (Tex.1985). To succeed on their negligent entrustment theory against MCT, the plaintiffs had to obtain a jury finding that Shupe, the truck driver at the time of the accident, was negligent and that his negligence proximately caused the accident. See id. The liability question answered by the jury asked whether the negligence of Shupe proximately caused the accident. The jury’s answer of “no” to this question determined that either Shupe was not negligent or, if he were, his negligence did not proximately cause the accident. The jury’s negative finding on this question negated the unsubmitted negligent entrustment issue as a matter of law. See Schneider v. Esperanza Transmission Co., 744 S.W.2d 595, 596-97 (Tex.1988) (emphasizing that entrustment liability “rests upon the combined negligence of the owner in entrusting the vehicle to an incompetent or reckless driver and negligence of the driver”) (emphasis added); Spratling v. Butler, 150 Tex. 369, 240 S.W.2d 1016, 1017 (Tex.1951) (outlining plaintiffs burden to show that driver operated vehicle negligently and that such negligence was the proximate cause of the accident). [4]

By specifically declining to find that Shupe was negligent on the occasion in question or that his negligence proximately caused the accident, the jury provided its answer to the negligent en-trustment issue — and the vicarious liability issue — elsewhere in the verdict. In addition, the jury’s finding that zero percent of the negligence causing the accident was attributable to Shupe and MCT precluded a finding of proximate cause against them. Therefore, even if the negligent entrustment instruction had been submitted, it would not have altered the verdict. Because there is sufficient evidence to support the jury’s liability finding as to Heppler, the trial court’s omission of the negligent entrustment instruction, if error, was harmless. See Boatland, 609 S.W.2d at 750. Accordingly, without hearing oral argument, the Court grants the petition, reverses the court of appeals’ judgment, and renders judgment that the plaintiffs take nothing. See TEX. R. APP. P. 59.1.

1

. It appears the plaintiffs sued JCJ Trucking because the company employed Shupe and had a lease agreement with MCT under which JCJ Trucking provided a tractor trailer and driver (Shupe) to MCT. The trial court did not submit a liability question against JCJ Trucking. The plaintiffs did not object to this omission nor did they appeal the trial court’s entry of a take-nothing judgment in favor of JCJ Trucking. Thus, JCJ Trucking is not a party to this appeal.

2

. The question and answers read as follows: Did the negligence, if any, of those named below proximately cause the occurrence in questions?

Answer "Yes” or "No”:
a. Midwest Coast Transport d/b/a MCT NO
b. Brent J. Shupe NO
c. Joseph Heppler YES
3

. The question and answers read as follows:

What percentage of the negligence that caused the occurrence do you find to be attributable to each of those found by you, in your answer to Question 1, to have been negligent?
The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The negligence attributable to a person named below is not necessarily measured by the number of acts or omissions found. The percentages attributable to [sic] person need not be the same percentage attributed to that person in answering another question.

a. Midwest Coast Transport d/b/a MCT 0%

b. Brent J. Shupe 0%

c. Joseph Heppler 100%

TOTAL 100%

4

. In addition, the parties do not dispute that at the time of the collision Shupe was MCT's employee. We do not intend to say that under these circumstances the negligent entrustment theory is necessary or appropriate to a finding of MCT’s liability. We simply resolve the case as submitted to the Court.