Lopez v. La Madeleine of Texas, Inc.

OPINION

Opinion By

Justice MOSELEY.

This personal injury case presented the trial court with a dilemma. Appellee La Madeleine of Texas., Inc., individually and d/b/a La Madeleine French Bakery and Café and d/b/a La Madeleine, used a surveillance videotape and photos at trial to show — apparently successfully — that appellant Oscar Luis Lopez had testified falsely about the extent of his injuries. However, counsel for La Madeleine intentionally failed to disclose the existence of the tape and photos during discovery, despite a specific discovery request that La Madeleine produce any “tape…