Supreme Court of Texas
WAL-MART STORES, INC. v. JOHNSON, 01-0441
Defendant in a personal injury action arising from falling merchandise had no duty to preserve certain missing evidence, and the trial court abused its discretion in instructing the jury that it could presume the evidence, had it been preserved, would have been adverse to defendant.
Appellate Information
- Argued 03/20/2002
- Decided 05/22/2003
- Published 05/22/2003
Judges
- Chief Justice PHILLIPS delivered the Opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- Kevin D. Jewell,Alan N. Magenheim, Magenheim, Bateman & Helfand, P.L.L.C., Houston, and Douglas W. Alexander, Scott Douglass & McConnico, L.L.P., Austin, for Petitioner.
- For Appellees:
- Mark C. Sparks, Joseph J. Fisher, II, Provost & Umphrey Law Firm, L.L.P., Beaumont, for Respondent.