Legal Opinion

Clark v. RANDALLS FOOD

Texas Court of Appeals, 1st District (Houston)

Decided February 25, 2010No. 01-08-00732-CVPublishedCited by 18 opinions

1Opinion of the Court

OPINION

ELSA ALCALA, Justice.

Appellant, Ralph Clark, appeals a final judgment ordering he take nothing from appellee, Randalls Food (Randalls). In his sole issue, Clark contends the trial court erred by granting Randalls’s summary judgment motion because he established that Randalls spoliated evidence. We conclude that the trial court did not abuse its discretion by determining as a matter of law that evidence was not spoliated, and that it properly rendered summary judgment in favor of Randalls because Clark presented no evidence raising an issue of fact on the elements for premises…

2Cases cited12 opinions

  1. Wal-Mart Stores, Inc. v. ReeceTexas Supreme Court · 2002
  2. Mercedes-Benz Credit Corp. v. RhyneTexas Supreme Court · 1996
  3. Trevino v. OrtegaTexas Supreme Court · 1998
  4. Wal-Mart Stores, Inc. v. JohnsonTexas Supreme Court · 2003
  5. LMB, LTD. v. MorenoTexas Supreme Court · 2006

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3Cited by18 opinions

  1. Raymundo Rico, Jr. v. L-3 Communications Corporation and Megan Ridge, Texas Court of Appeals, 5th District (Dallas)2014
  2. Miner Dederick Construction, LLP v. Gulf Chemical & Metallurgical Corporation, Texas Court of Appeals, 1st District (Houston)2013
  3. Sarah Mangham v. YMCA of Austin, Texas-Hays Communities, Texas Court of Appeals, 3rd District (Austin)2013
  4. IQ Holdings, Inc. v. Stewart Title Guaranty Company and Stewart Title Company F/K/A Stewart Title Company of Houston, Texas Court of Appeals, 1st District (Houston)2014
  5. Sanders Oil & Gas, Ltd. v. Big Lake Kay Constr., Inc.Court of Appeals of Texas · 2018

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