Tex. Comm'n on Human Rights v. MorrisonAnnotate this Case
In this employer retaliation case, a broad-form jury question allowed the jury to find liability based on a legal theory that was jurisdictionally barred and thus could not support liability. The trial court entered a judgment reinstating Employee to her position and awarding her damages and attorney's fees. Employer appealed, arguing that the jury charge allowed a finding of liability based on invalid legal theories. The court of appeals concluded that Employer waived its objection. The Supreme Court reversed, holding (1) Employer properly preserved its objection; and (2) because the Court could not determine whether the jury relied on the invalid theory, the case was remanded for a new trial.