Hernandez v. Montgomery Ward & Co.

RAY, Justice.

This is a false imprisonment case instituted by Olivia Hernandez against Montgomery Ward & Co. Based on the jury’s verdict, the trial court rendered judgment for Mrs. Hernandez for $85,000. The court of appeals reversed and remanded the cause for trial, holding that the submitted special issue was an impermissible comment on the weight of the evidence. 644 S.W.2d 758. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.

Mrs. Hernandez was shopping in the Ward store in Pharr, Texas, at which time she made a credit card purchase. Through *924some…