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WAL-MART STORES, INC. v. JOHNSON

No. 09-00-067 CV.

39 S.W.3d 729 (2001)

WAL-MART STORES, INC., Appellant, v. Monroe JOHNSON and Brandy Johnson, Appellees.

Court of Appeals of Texas, Beaumont.

Decided April 5, 2001.

Attorney(s) appearing for the Case

Kevin D. Jewell and Steven J. Knight, Magenheim, Bateman & Helfand, Houston, for appellant.

Joe J. Fisher, II and Mark Sparks, Provost & Umphrey, Beaumont, for appellee.

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

OPINION

WALKER, Chief Justice.

Monroe Johnson and his wife, Brandy Johnson, sued Wal-Mart Stores, Inc., for personal injuries sustained by Monroe Johnson while shopping at Wal-Mart. The issues raised in the appellant's brief concern the spoliation instruction included in the jury charge.1 The finding of Wal-Mart's negligence and the amount of damages assessed by the jury are not challenged on appeal.

In an opinion declining...

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