WAL-MART STORES, INC. v. LERMA

No. 13-87-270-CV.

749 S.W.2d 572 (1988)

WAL-MART STORES, INC., Appellant, v. Tony LERMA and Cynthia Lerma, Individually and as Next Friends of Amanda Lerma, Appellees.

Court of Appeals of Texas, Corpus Christi.

April 7, 1988.


Attorney(s) appearing for the Case

Jaime A. Drabek, Paul Q. O'Leary, Hirsch, Glover, Robinson & Sheiness, Brownsville, Jack McKinley, Hirsch, Glover, Robinson & Sheiness, Houston, for appellant.

John William Black, Wiech & Black, Brownsville, for appellees.

Before BENAVIDES, UTTER and KENNEDY, JJ.


OPINION

BENAVIDES, Justice.

Wal-Mart Stores, defendants below, appeal from a trial court's judgment in favor of Cynthia and Amanda Lerma, appellees. Cynthia and Tony Lerma, individually and as next friends of Amanda Lerma, commenced this personal injury action against Wal-Mart after their three-year-old daughter, Amanda, was injured by a clothing rack.

After a trial before the bench, the trial court found that Wal-Mart was liable under both the doctrine...

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