Texas Supreme Court

Wal-Mart Stores, Inc., Petitioner v. Monroe Johnson and Brandy Johnson, Respondents

May 22, 200346 Tex. Sup. Ct. J. 685

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded the case, holding that Wal-Mart had no duty to preserve the decorative reindeer evidence and that the trial court erred in giving a spoliation instruction. The Court found the instruction to be harmful error that probably caused the improper judgment. The decision clarifies the duty-to-preserve standard in spoliation contexts.