Wal-Mart Stores, Inc. v. Lerma

OPINION

BENAVIDES, Justice.

Wal-Mart Stores, defendants below, appeal from a trial court’s judgment in favor of Cynthia and Amanda Lerma, appellees. Cynthia and Tony Lerma, individually and as next friends of Amanda Lerma, commenced this personal injury action against Wal-Mart after their three-year-old daughter, Amanda, was injured by a clothing rack.

After a trial before the bench, the trial court found that Wal-Mart was liable under both the doctrine of res ipsa loquitur and negligence based on a premises liability theory.

In four points of error, Wal-Mart challenges the court’s application of…