Texas § CP.72.052 - BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE COLLISION ACTIONS

§ CP.72.052. BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE COLLISION ACTIONS

BIFURCATED TRIAL IN CERTAIN COMMERCIAL MOTOR VEHICLE COLLISION ACTIONS. (a) In a civil action under this subchapter, on motion by a defendant, the court shall provide for a bifurcated trial under this section. (b) A motion under this section shall be made on or before the later of: (1) the 120th day after the date the defendant bringing the motion files the defendant's original answer; or (2) the 30th day after the date a claimant files a pleading adding a claim or cause of action against the defendant bringing the motion. (c) The trier of fact shall determine liability for and the amount of compensatory damages in the first phase of a bifurcated trial under this section. (d) The trier of fact shall determine liability for and the amount of exemplary damages in the second phase of a bifurcated trial under this section. (e) For purposes of this section, a finding by the trier of fact in the first phase of a bifurcated trial that an employee defendant was negligent in operating an employer defendant's commercial motor vehicle may serve as a basis for the claimant to proceed in the second phase of the trial on a claim against the employer defendant, such as negligent entrustment, that requires a finding by the trier of fact that the employee was negligent in operating the vehicle as a prerequisite to the employer defendant being found negligent in relation to the employee defendant's operation of the vehicle. This subsection does not apply to a claimant who has pursued a claim described by this subsection in the first phase of a trial that is bifurcated under this section. Added by Acts 2021, 87th Leg., R.S., Ch. 785 (H.B. 19 ), Sec. 4, eff. September 1, 2021. Amended by: Acts 2023, 88th Leg., R.S., Ch. 709 (H.B. 2190 ), Sec. 116, eff. September 1, 2023.