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ROYTBERG v. WAL-MART STORES, INC.

No. 05-01-01576-CV.

111 S.W.3d 843 (2003)

Michael ROYTBERG and Lyudmila Roytberg, Appellants, v. WAL-MART STORES, INC. d/b/a Sam's Club, Appellee.

Court of Appeals of Texas, Dallas.

August 8, 2003.

Attorney(s) appearing for the Case

Michael E. Robinson, The Robinson Law Firm, Richardson, for Appellant.

Mike H. Bassett, The Bassett Firm, Scott A. Whisler, Grau, Ashley & Koen, P.C., Dallas, J. Woodfin Jones, Alexander Dubose Jones & Townsend LLP, Austin, for Appellee.

Before Chief Justice THOMAS and Justices WHITTINGTON and O'NEILL.

OPINION

Opinion By Chief Justice THOMAS.

Michael and Lyudmila Roytberg appeal the judgment rendered in favor of Wal-Mart Stores, Inc. d/b/a Sam's Club (Sam's) on their premises liability claim. In their sole issue, the Roytbergs contend there was no evidence to support the jury's verdict. In one cross-point, Sam's contends the trial court erred in including a spoliation of evidence instruction. We affirm.

While shopping at Sam's, Mr. Roytberg suffered...

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