Wal-Mart Stores, Inc. v. Tucker

I concur in the outcome in this case; however, I believe this court is in error in failing to reach the issues in the new trial motion, including whether there was substantial evidence to support the jury’s verdict, and more particularly whether the jury’s decision that Wal-Mart’s conduct proximately caused the deceased’s damages is contrary to the preponderance of the evidence. Additionally, I disagree that the issue of whether there is substantial evidence in support of the jury’s verdict awarding damages to Tucker’s daughter Johnny Faye Hoffman for mental anguish is procedurally barred. I…