Brookshire Bros., Inc. v. Lewis

In Brookshire Bros., Inc. v. Lewis, 997 S.W.2d 908, 921 (Tex. App.--Beaumont 1999, pet. denied) a broad-form negligence instruction was submitted to the jury without explanatory instructions regarding the specific duties employers owe to their employees. The court of appeals noted that a trial court is required to give definitions of legal and technical terms and states that "anything else, however interesting or relevant to the case in general, that does not aid the jury in answering the issues, must be excluded." Id. The Brookshire Bros. court held that because "the jury was properly instructed on the terms of 'negligence,' 'ordinary care,' and 'proximate cause,'" the explanatory instructions constituted "surplus instructions" and were properly excluded. Id.