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Norman v. Good Shepherd Medical Center8/17/2001
t v. Young, 906 S.W.2d 471, 473 (Tex. 1995); Elbaor v. Smith, 845 S.W.2d 240, 243 (Tex. 1992); see also Redwine v. AAA Life Ins. Co., 852 S.W.2d 10, 14 (Tex. App._Dallas 1993, no writ). We will not find error to be reversible where there is ample evidence to support the jury's verdict and the record fails to suggest the jury in any way based its verdict on the erroneous instruction. See Reinhart, 906 S.W.2d at 473-74; Steel v. Wheeler, 993 S.W.2d 376, 381 (Tex. App._Tyler 1999, pet. denied); DeLeon v. Pickens, 933 S.W.2d 286, 293 (Tex. App._Corpus Christi 1996, writ denied).
Assuming, without deciding, the trial court erred by including the two terms in its charge, we conclude any error was harmless. As stated, the evidence was factually sufficient to support the verdict. Additionally, our review of the record reveals nothing to suggest the jury in any way based its verdict on the erroneous instruction. As Good Shepherd points out in its brief, none of the witnesses referred to the two terms in their testimony and there was no mention of them in closing argument. See Reinhart, 906 S.W.2d at 474. We overrule appellants' third issue.
We affirm the trial court's judgment.
LINDA THOMAS CHIEF JUSTICE
Do Not Publish Tex. R. App. P. 47
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