following; as elected by the defendant: (1) the sum of the dollar amounts of all settlements; or (2) a percentage equal to each settling person’s percentage of responsibility as found by the trier of fact. (d) An election made under Subsection (c) shall be made by any defendant filing a written election before the issues of the action are submitted to the trier of fact and when made, shall be binding on all defendants. If no defendant makes satisfy this element of a joint enterprise, evidence must exist of a monetary interest in the enterprise common to each member of the enterprise; the monetary interest of each member of the group in the enterprise must be “shared without special or distinguishing characteristics.” St. Joseph Hosp., 94 S.W.3d at 531; see also Able, 35 S.W.3d at 614 (<HOLDING>); Shoemaker, 513 S.W.2d at 17 (holding that two
holding legally sufficient evidence of this element existed when written agreement between members of enterprise specifically mentioned investment of substantial sums for mass transit purposes holding evidence legally sufficient holding evidence legally insufficient holding legally insufficient evidence of joint enterprise between companies existed despite evidence of shared officers directors employees business address logo and assets when no evidence existed of how or whether monetary benefits were shared between the two entities holding evidence legally sufficient under sections d and e