Miller v. Wal-Mart Stores, Inc.

Dissenting Opinion by

Justice RODRIGUEZ.

I respectfully dissent from the Court’s opinion because the majority, in concluding there is legally sufficient evidence to support the verdict, makes an inference contrary to the undisputed evidence.

When considering a no-evidence point, the court must review the evidence in a light most favorable to the verdict, making every reasonable inference in its favor. See Formosa Plastics v. Presidio Engrs., 960 S.W.2d 41, 48 (Tex.1998). Though the Texas Supreme Court has often said that a court “must disregard all evidence that is contrary to a jury finding in…