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A defendant is not required to object to a plaintiff’s omission of an independent theory of recovery in the jury charge. United Scaffolding, Inc. v. Levine, 537 S.W.3d 463, 481 (Tex. 2017).
But, the broad proclamation in United Scaffolding that a defendant is not required to object that the charge is not “supported by the plaintiff’s pleadings or the evidence adduced at trial,” id., must be kept in context.