WAL-MART STORES, INC. v. JOHNSON

No. 01-0441.

106 S.W.3d 718 (2003)

WAL-MART STORES, INC., Petitioner, v. Monroe JOHNSON and Brandy Johnson, Respondents.

Supreme Court of Texas.

Decided May 22, 2003.


Attorney(s) appearing for the Case

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

Mark C. Sparks, Joseph J. Fisher, II, Provost & Umphrey Law Firm, L.L.P., Beaumont, for Respondent.


Chief Justice PHILLIPS delivered the Opinion of the Court.

In this negligence case, we must decide whether the trial court abused its discretion when it instructed the jury that it could presume that certain missing evidence, had it been preserved, would have been adverse to defendant, Wal-Mart Stores, Inc. Holding that the trial court had not abused its discretion in submitting this spoliation instruction, the court of appeals affirmed the judgment in favor of the...

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