Wal-Mart Stores, Inc. v. Cooper

OPINION

TERRY McCALL, Justice.

Wal-Mart appeals the trial court’s judgment against it for $43,395 plus interest in favor of Bevin Spence Cooper. Because we find the evidence to be insufficient to support a finding of proximate cause as to Wal-Mart, we reverse and render in part.1

Background Facts

Donna Rauner purchased a mattress and box spring from the Lewisville Sam’s Club. A Sam’s employee tied both items to the roof of Rauner’s Jeep Cherokee. The employee testified that he warned Rauner not to exceed 35 miles per hour and to avoid any major roads or highways. Rauner denied receiving those…