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WAL-MART STORES, INC. v. ARD

No. 09-97-361CV.

991 S.W.2d 518 (1999)

WAL-MART STORES, INC., Appellant, v. Ruby ARD and J.C. Ard, Appellees.

Court of Appeals of Texas, Beaumont.

Decided June 10, 1999.

Rehearing Overruled July 15, 1999.

Attorney(s) appearing for the Case

J. Preston Wrotenbery, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, PLLC, Houston, for appellant.

Ray Hensarling, Walter Umphrey, Joe Fisher, II, Provost & Umphrey Law Firm, LLP, Beaumont, for appellee.

Before WALKER, C.J., BURGESS and STOVER, JJ.

OPINION

DON BURGESS Justice.

This appeal arises from a premises liability cause of action filed by Ruby and J.C. Ard against Wal-Mart Stores, Inc. Ruby was injured when a portable basketball goal at the Wal-Mart Store in Woodville, Texas, fell over, striking her in the head, neck and shoulder area. The jury awarded Ruby $150,000 in damages and awarded J.C. $15,000 in damages. Wal-Mart appeals raising three issues.

In its first issue, Wal-Mart contends...

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