Dallas Court of Appeals, No. 05-19-01496-CV (June 1, 2021)
Chief Justice Burns and Justices Reichek and Carlyle (Opinion linked here)

The Dallas Court of Appeals reversed the judgment and remanded for a new trial, based on the text of the proportionate-responsibility statute, which requires the jury to determine the culpable persons and assign percentages of responsibility for “(1) each claimant; (2) each defendant; (3) each settling person; and (4) each responsible third party who has been designated.” TEX. CIV. PRAC. & REM. CODE § 33.003(a). The Court held “Weather/Road Conditions” was not “a person or party whose negligence was found to be a proximate cause” of plaintiff’s damages, so should not have been included in the proportionate-responsibility question. Any consideration of weather and road conditions is subsumed in assessing the parties’ negligence.