Section 72.052 - 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.Tex. Civ. Prac. and Rem. Code § 72.052
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 709,Sec. 116, eff. 9/1/2023.Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 785,Sec. 4, eff. 9/1/2021.