Texas Supreme Court

Roger Havner, Petitioners v. E-Z Mart Stores, Inc., Respondent

February 26, 199235 Tex. Sup. Ct. J. 523

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that sufficient evidence exists to support the jury's finding that E‑Z Mart's failure to provide adequate security was a cause in fact of Diana Havner's abduction and death, and remanded for further factual sufficiency review. The Court also affirmed its jurisdiction over the petition for writ of error. Separate concurring opinions agreed with the judgment, while a dissent argued the burden of proof was improperly shifted to the defendant.