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BAKER v. FEDERAL EXP. CORP.

No. 01-05-01160-CV.

224 S.W.3d 390 (2006)

Adrian BAKER, Appellant, v. FEDERAL EXPRESS CORPORATION, Appellee.

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

Rehearing Overruled December 5, 2006.

Attorney(s) appearing for the Case

Veronica L. Davis, West Columbia, TX, for Appellant.

Peter Carl Blomquist, Shannon, Gracey, Ratliff & Miller, Houston, TX, Michael Wallace Huddleston, Shannon, Gracey, Ratliff & Miller, Dallas, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices ALCALA and BLAND.

OPINION

JANE BLAND, Justice.

Adrian Baker settled his negligence claim against Federal Express Corporation ("Fed Ex") during trial, before the court submitted the case to the jury. After Baker nonsuited the case, the trial court held a hearing on his previously filed sanctions motion and imposed a $1,000 sanction against Fed Ex for spoliation of evidence. Baker appeals, contending that (1) the trial court erred in rejecting his proposed spoliation instruction...

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