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Steak & Ale of Texas, Inc. v. Borneman

The Legislature did not intend for punitive damages to be available for a violation of the Dram Shop Act.

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FROM THE 236TH DISTRICT COURT OF TARRANT COUNTY

OPINION ON REMAND

This is a dram shop case. We previously determined that the trial court erred in submitting the dram shop causation question because the question did not track the statutory causation standard. Because we held that the submitted question omitted an element of appellee Lea Borneman’s cause of action and she failed to object, we reversed the trial court’s judgment and rendered judgment in favor of Steak and Ale of Texas, Inc. d/b/a Bennigan’s. Steak & Ale v. Borneman, No. 2-97-046-CV, slip op. at 7, (Tex. App.-Fort Worth Aug. 31, 1998) (not designated for publication), rev’d, 22 S.W.3d 411, 413 (Tex. 2000). The supreme court agreed that the charge was erroneous, but held that we should not have rendered judgment because the error was a defect, not an omission. Borneman v. Steak & Ale, 22 S.W.3d 411, 413 (Tex. 2000). The supreme court remanded the case to us for consideration of points not addressed in our prior opinion.

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