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

Summary

The Texas Supreme Court held 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, reversing the Court of Appeals and remanding for further review. The Court also rejected the appellate court's jurisdictional dismissal and affirmed the petitioners' right to a writ of error. Justice Cornyn dissented, arguing the burden of proof was improperly shifted, while Justice Phillips concurred, emphasizing the adequacy of the factual evidence.