Allen v. Bell Textron — Plaintiff Who Tells Court He Has No Additional Facts and Won’t Replead Forfeits Chance to Expand Negligence Theories After Special Exceptions Sustained
The Fort Worth Court of Appeals affirmed a take-nothing judgment for Bell Textron after an injured contractor’s counsel stated at a special-exceptions hearing he had no additional facts and would not replead, holding the plaintiff forfeited his opportunity to amend, the narrow jury charge was proper, and any collateral-source evidence error was harmless because the jury found no proximate cause.