Ergon Energy Partners, L.P. v. Sheffield, No. 09-11-00190-CV, 2012 Tex. App. LEXIS 8142 (Tex. Ct. App. Sept. 27, 2012)

(landowner was awarded $4 million jury verdict against gas well operator; operator appealed arguing lack of evidence sufficient to uphold verdict on costs of remediating temporary pit dug by operator that contained benzene and punitive damages; on appeal, court held cost projections for remediating property was not evidence because expert did not provide basis for his projection as required under state law to reveal basis supported by substantial evidence and  jury’s failure to answer interrogatory regarding diminished market value meant entire award was based on remediation, so court reversed and awarded nothing to landowner; court also reversed punitive damage award predicated on negligence because without remediation damages for negligence there is no damage award upon which punitive damages can be awarded; court upheld $38,500 damage award for failing to use due regard for his rights because issue not appealed; dissent filed arguing case should be remanded for new trial because operator admitted it had some liability for removal of contents in pit and a take-nothing judgment should not be rendered).