Wal-Mart Stores, Inc. v. Johnson

OPINION

WALKER, Chief Justice.

Monroe Johnson and his wife, Brandy Johnson, sued Wal-Mart Stores, Inc., for personal injuries sustained by Monroe Johnson while shopping at Wal-Mart. The issues raised in the appellant’s brief concern the spoliation instruction included in the jury charge.1 The finding of Wal-Mart’s negligence and the amount of damages assessed by the jury are not challenged on appeal.

In an opinion declining the adoption of an independent tort for spoliation of evidence, the Texas Supreme Court recognized that when spoliation occurs, there must be adequate measures within the…