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SOWELL v. THE KROGER CO.

No. 01-05-00710-CV.

263 S.W.3d 36 (2006)

Jean SOWELL, Appellant, v. THE KROGER CO., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Supplemental Opinion on Grant of Rehearing September 29, 2006.

Attorney(s) appearing for the Case

Clinton E. Wells Jr., McDowell Wells LLP, Houston, TX, for Appellant.

Brock C. Akers and Evelyn Ailts Derrington, Phillips & Akers, P.C., Houston, TX, for Appellee.

Panel consists of Justices JENNINGS, HANKS, and HIGLEY.

OPINION

LAURA CARTER HIGLEY, Justice.

Jean Sowell, appellant, suffered injuries after slipping on an unidentified liquid in a Kroger store. Ten months after the suit was filed, The Kroger Co. (Kroger), appellee, filed a no-evidence motion for summary judgment. Sowell appeals from the trial court's granting of the motion.

In two points of error, Sowell argues that the trial court erred by (1) not providing a presumption that Kroger had spoliated evidence...

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