George Grubbs Enterprises, Inc v. Bien

In George Grubbs Enterprises, Inc v. Bien, 900 S.W.2d 337, 38 Tex. Sup. Ct. J. 869 (Tex. 1995), the sole issue we addressed was whether it was proper to instruct the jury that in assessing punitive damages against a corporation, it could consider the "wealth or profitability" of a corporate entity related to the defendant even though that related corporate entity was not a party to the case, if the jury concluded that the defendant and its affiliate were "operated as and constitute a single business enterprise." Id. at 338. In that case, the jury was instructed that a "'single business enterprise' exists when two or more corporations associate together and, rather than operate as separate entities, integrate their resources to achieve a common business purpose." In relating the procedural history, The Court said: Prior to submission of the case to the jury, the defendants objected to this instruction on the grounds that it erroneously omitted the factors necessary to determine whether Grubbs Enterprises and Auto Park constituted a single business enterprise. See, e.g. Paramount Petroleum v. Taylor Rental Ctr., 712 S.W.2d 534 (Tex. App.BHouston [14th Dist.] 1986, writ ref'd n.r.e.) (listing factors). Id. at 338-39.