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OSCAR LUIS LOPEZ v. LA MADELEINE OF TEXAS

No. 05-04-00847-CV.

200 S.W.3d 854 (2006)

OSCAR LUIS LOPEZ, Appellant, v. LA MADELEINE OF TEXAS, INC., Individually and d/b/a La Madeleine, French Bakery & Café and d/b/a La Madeleine; La Madeleine, Inc., Individually and d/b/a La Madeleine French Bakery & Café and d/b/a La Madeleine; and La Madeleine de Corps, Inc., Individually and d/b/a La Madeleine French Bakery & Café and d/b/a La Madeleine, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Overruled October 2, 2006.

Attorney(s) appearing for the Case

Charles Clayton Miller, The Law Offices of Miller and Curtis, L.L.P., Louis S. Hakim, Dallas, for Appellant.

Darryl J. Silvera, Silvera & Associates, Alexander N. Beard, Bishop & Hummert, P.C., Dallas, for Appellee.

Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.

OPINION

Opinion By Justice MOSELEY.

This personal injury case presented the trial court with a dilemma. Appellee La Madeleine of Texas., Inc., individually and d/b/a La Madeleine French Bakery and Café and d/b/a La Madeleine, used a surveillance videotape and photos at trial to show — apparently successfully — that appellant Oscar Luis Lopez had testified falsely about the extent of his injuries. However, counsel for La Madeleine intentionally...

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