No Harm, No Foul

No Harm, No Foul:  Error will not be presumed in a single-theory-of-liability jury charge including an improper theory of contributory negligence and an improper inferential rebuttal instruction.

Generally, an appellate court will not reverse because of error in the charge unless it probably caused the rendition of an improper judgment. But reversible error is presumed when a broad-form question submitted to the jury:

• includes multiple theories of liability, one or more of which is invalid, Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378, 398 (Tex. 2000); or
• commingles valid and invalid elements of damages for which there is no evidence. Harris County v. Smith, 96 S.W.3d 230, 233-34 (Tex. 2002).