Legal Opinion · Dissent

E-Z Mart Stores, Inc. v. Havner

Court of Appeals of Texas

Decided July 17, 1990No. 9797Published

1DissentGrant, Justice

The evidence in this case is legally and factually sufficient to support the jury’s finding of proximate cause.

*121Although the majority did not base its decision on the foreseeability aspect1 of proximate cause, a brief mentioning of the evidence on this aspect is appropriate. E-Z Mart had owned and operated the Sulphur Springs store for approximately four months at the time of the occurrence. This was the first violent crime in that E-Z Mart location. There was evidence that four armed robberies had occurred at a Family Mart store and a Shop A Minute store in Sulphur Springs within a three-year…

2Cases cited13 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. In Re King's EstateTexas Supreme Court · 1951
  3. Farley v. MM Cattle CompanyTexas Supreme Court · 1975
  4. McClure v. Allied Stores of Texas, Inc.Texas Supreme Court · 1980
  5. East Texas Theatres, Inc. v. RutledgeTexas Supreme Court · 1970

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