context: At the charge conference, Faucette's and Schadler's only objection to this question was that the answers should have been separate for each of them. They did not complain that the instruction's measure of damages was improper or otherwise object to the instruction. Therefore, we measure the sufficiency of the evidence against the language in the charge.
citation_a.signal: see also
citation_a.identifier: 240 S.W.3d 864, 868
citation_a.parenthetical: holding argument that charge submitted improper measure of damages was waived by failure to object in trial court
citation_a.sentence: Osterberg v. Peca, 12 S.W.3d 31, 55 (Tex.2000) (holding, when no objection is made to jury issue, sufficiency of the evidence is measured against charge given by court rather than some other unidentified law); Kroger Co. v. Brown, 267 S.W.3d 320, 323 (Tex.App.Houston [14th Dist.] 2008, no pet.) (measuring sufficiency of damages evidence against commonly understood meaning of undefined term used in charge); see also Equistar Chems., L.P. v. Dresser-Rand Co., 240 S.W.3d 864, 868 (Tex.2007) (holding argument that charge submitted improper measure of damages was waived by failure to object in trial court); Tribble & Stephens Co. v. Consolidated Services, Inc., 744 S.W.2d 945, 949 (Tex.App.-San Antonio 1987, writ denied) (holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure),
citation_b.signal: no signal
citation_b.identifier: 12 S.W.3d 31, 55
citation_b.parenthetical: holding, when no objection is made to jury issue, sufficiency of the evidence is measured against charge given by court rather than some other unidentified law
citation_b.sentence: Osterberg v. Peca, 12 S.W.3d 31, 55 (Tex.2000) (holding, when no objection is made to jury issue, sufficiency of the evidence is measured against charge given by court rather than some other unidentified law); Kroger Co. v. Brown, 267 S.W.3d 320, 323 (Tex.App.Houston [14th Dist.] 2008, no pet.) (measuring sufficiency of damages evidence against commonly understood meaning of undefined term used in charge); see also Equistar Chems., L.P. v. Dresser-Rand Co., 240 S.W.3d 864, 868 (Tex.2007) (holding argument that charge submitted improper measure of damages was waived by failure to object in trial court); Tribble & Stephens Co. v. Consolidated Services, Inc., 744 S.W.2d 945, 949 (Tex.App.-San Antonio 1987, writ denied) (holding failure to raise issue of improper measure of damages in trial court waived review of complaints that proper measure of damages was not submitted to jury and that plaintiff failed to present evidence on the proper measure),