Robert B.  Gilbreath
Publications

Appellate Review of a Jury's Finding of "Zero Damages"

May 1991Article
54 Texas Bar Journal 418; (cited many times by Texas appellate courts and legal commentators)

The purpose of this article is threefold: 1) to question the continuing viability of the zero damages rule; 2) to encourage practitioners to challenge jury awards of zero damages as against the great weight and preponderance of the evidence rather than as violative of the zero damages rule; and 3) to advocate that appellate courts not use the zero damages rule as a substitute for well-settled standards of evidentiary review.