Alvarado v. Farah Manufacturing Co.

OPINION ON REHEARING

HECHT, Justice.

Petitioner’s motion for rehearing is denied. This opinion is substituted for our prior opinion.

This is yet another case in which a witness who was not identified in response to a discovery request was nevertheless allowed to testify. The trial court apparently found good cause to allow the testimony because the witness was called as a rebuttal witness. The court of appeals held that admission of this testimony was reversible error, and remanded the cause for a new trial. 763 S.W.2d 529. Consistent with many prior opinions of this Court, we agree with the…