S.H. v. National Convenience Stores, Inc.
Texas Court of Appeals, 1st District (Houston)
1Opinion of the Court
OPINION
WILSON, Justice.
In this appeal, we are asked to determine if the trial court committed error in excluding expert testimony, and failing to include in the charge to the jury a separate definition of “foreseeability.” Appellant, S.H., was abducted at 10:30 a.m. by an unknown assailant from the premises of a Stop-N-Go, while she was using a pay phone outside of the store. She was driven to a remote location and sexually assaulted. S.H. sued Stop-N-Go for negligence and gross negligence based on premises liability. The jury returned a take-nothing verdict in favor of Stop-N-Go upon which…
2Cases cited7 opinions
- McCraw v. MarisTexas Supreme Court · 1992
- Schafer v. ConnerTexas Supreme Court · 1991
- Merckling v. Curtis, Texas Court of Appeals, 1st District (Houston)1995
- Castro v. Sebesta, Texas Court of Appeals, 1st District (Houston)1991
- Galvin v. Gulf Oil Corp., Texas Court of Appeals, 5th District (Dallas)1988
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3Cited by5 opinions
- Land v. AT & S Transportation, Inc., Texas Court of Appeals, 3rd District (Austin)1997
- First National Bank of Seminole v. Hooper, Texas Court of Appeals, 8th District (El Paso)2001
- Charlotte Juanita Philipp v. Howmedica, Inc. and Guillermo Pino, M.D., Texas Court of Appeals, 4th District (San Antonio)1998
- Marshall Land v. AT & S Transportation, Inc., Texas Court of Appeals, 3rd District (Austin)1997
- Soard, John v. University of Texas Health Science Center and Mary T. Donovan Smith, as Independent for the Estate of Dr. Michael G. Donovan, Texas Court of Appeals, 14th District (Houston)2002