Crown Life Ins. Co.v. Casteel
In Crown Life Ins. Co.v. Casteel, 22 S.W.3d 378, 388-90, 43 Tex. Sup. Ct. J. 348 (Tex. 2000), the appellant/defendant sought to set aside the jury's answer to a broad-form question that submitted both valid and invalid liability theories.
Since a reviewing court could not tell which theories the jury relied on to reach its verdict, the submission was error and probably caused an improper verdict.
The Court express no opinion as to whether this submission may have prevented proper presentation on appeal by improperly commingling theories, elements, or defenses lacking legal (or factual) evidentiary support. See Crown Life Ins. Co. v. Casteel, 22 S.W.3d 378, 390, 43 Tex. Sup. Ct. J. 348 (Tex. 2000) (reversing judgment based on answer to jury question improperly combining valid and invalid theories where timely and proper objection was made)