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Supreme Court of Texas


Bed, Bath & Beyond, Inc. v. Urista, 04-0332

In an action brought by a shopper at Bed, Bath & Beyond (BBB) who claimed he was injured by falling merchandise at a store, a court of appeals' judgment reversing a take-nothing verdict in favor of BBB is reversed where any error in the trial court's giving an unavoidable accident instruction to the jury was harmless.

Appellate Information

  • Decided 12/29/2006
  • Published 12/29/2006

Judges

  • Justice GREEN delivered the opinion of the Court, in which Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice BRISTER, Justice JOHNSON and Justice WILLETT joined.

Court

  • Supreme Court of Texas

Counsel

  • For Appellant:
  • Michael Phillips, Evelyn Ailts Derrington, Phillips & Akers, P.C., Jonathan Christopher Kieschnick, Houston, for petitioner., Peter M. Kelly, Moore & Kelly, P.C., Houston, Guy D. Choate, President, Texas Trial Lawyers Association, Austin, for amicus curiae.

  • For Appellees:
  • Thomas N. Thurlow, Thomas N. Thurlow & Associates, Steven E. Norris, Law Offices of Thomas N. Thurlow & Associates, PC, Allen H. Kline Jr., Jonathan Scott Stoger, O'Quinn, Laminack & Pirtle, Houston, for respondent.
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