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WAL-MART STORES, INC. v. GARCIA

No. 04-99-00344-CV.

30 S.W.3d 19 (2000)

WAL-MART STORES, INC., Appellant, v. Leonor GARCIA, Appellee.

Court of Appeals of Texas, San Antonio.

August 16, 2000.

Attorney(s) appearing for the Case

J. Preston Wrotenbery, Kevin D. Jewell, Magenheim Bateman & Helfand, P.L.L.C., Houston, for Appellant.

Robert L. Rodriguez, Rodriguez & Muniz-Berain, P.C., Eagle Pass, Thomas H. Crofts, Jr., Ellen B. Mitchell, Crofts, Callaway & Jefferson, P.C., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, SARAH B. DUNCAN, Justice, KAREN ANGELINI, Justice.

OPINION

Opinion by: PHIL HARDBERGER, Chief Justice.

Leonor Garcia ("Garcia") slipped on a jalapeño in a Wal-Mart store and fell, injuring herself. A jury assessed $75,000 in damages against Wal-Mart Stores, Inc. ("Wal-Mart") for past and future physical pain, mental anguish, and medical expenses.

Wal-Mart argues that the evidence is legally and factually insufficient to support the jury's finding that Wal-Mart possessed actual or constructive...

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