Judgment Against General Contractor Is Reversed Based On Erroneous Jury Charge Submission

October 27, 2016 in Case Summaries

Led by the advocacy of Carl Cecere, Levinger PC persuaded the Dallas Court of Appeals to reverse a judgment of nearly $1.5 million against general contractor Viking Healthcare in favor of Zeig Electric, a subcontractor, in connection with the construction of a specialty hospital in Sherman, Texas. The appellate court determined that no evidence supported the liability question submitted to the jury, which asked whether Viking and a project manager that was not a party to the subcontract “failed to comply with the Agreement” with Zeig. Despite the absence of evidence, the court remanded the case for a new trial “in the interest of justice.” The Supreme Court denied review after requesting briefing on both Zeig’s petition and its motion for rehearing. Viking Healthcare, LLC v. Zeig Electric, Inc., No. 05‑15‑00835‑CV, 2016 WL 7448335 (Tex. App. — Dallas Oct. 27, 2016, pet. denied) (mem. op.).

Courts: Texas Intermediate Appellate Courts, Supreme Court of Texas

Subject Matter: Business Litigation, Procedural & Evidentiary Issues