WAL-MART STORES, INC. v. MILLER

No. 01-1148.

102 S.W.3d 706 (2003)

WAL-MART STORES, INC., Petitioner, v. Brian Lynn MILLER, Respondent.

Supreme Court of Texas.

March 27, 2003.


Attorney(s) appearing for the Case

Kevin D. Jewell, Magenheim Bateman & Helfand, P.L.L.C., Houston, Douglas W. Alexander, Scott Douglass & McConnico, Austin, for Petitioner.

Randall P. Crane, San Benito, for Respondent.


PER CURIAM.

In this premises liability case, we must decide whether there is some evidence to support the jury's finding that the licensee, Bryan Miller, lacked actual knowledge about the dangerous condition. Because we conclude no evidence supports a finding that Miller lacked actual knowledge, we hold that Wal-Mart did not have a duty to warn or make safe the dangerous condition, and thus, the trial court correctly granted Wal-Mart's motion for judgment notwithstanding...

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