Texas Supreme Court

Wal-Mart Stores, Inc. v. Sarah…

February 2, 1994868 S.W.2d 322

Summary

The Texas Supreme Court held that Wal‑Mart owed a duty to maintain the ramp area it built and controlled, affirmed the award of actual damages and loss‑of‑consortium damages, but reversed the punitive‑damage award because no evidence supported a finding of gross negligence. Justice Doggett dissented, arguing the majority erred in finding no extreme risk, and Justice Gonzalez concurred, urging bifurcation of punitive‑damage issues and clarification of net‑worth evidence. (Justice Doggett, dissenting, would have affirmed punitive damages.)