Lucky disclosure. A bookeeper’s disclosure of her “basic defense, which was that she had consent to take the money,” was sufficient to allow her to explain why at trial (she was having an affair with the boss). DFW Advisors Ltd. v. Ervin, No. 05-14-00883-CV (Feb. 11, 2016) (mem. op.)
Unlucky spoliation. After a deadly 18-wheeler accident, the trucking company “decided to have the remains of the tractor and part of the trailer cut in half and crushed,” which led to a spoliation instruction at trial. In re: J. H. Walker Inc., No. 05-14-01497-CV (Jan. 15, 2016) (mem. op.)
Unlucky expert. In a dispute about an injury on a restaurant’s entrance ramp, the plaintiff’s expert “did not say what the ramp’s condition was when [plaintiff] fell. . . . [he] addressed the ramp’s condition only on the day he examined it.” Warren v. Carlson Restaurants, No. 05-14-01232-CV (Dec. 30, 2015) (mem. op.)
Lucky facts. No-evidence summary judgment reversed when a witness said the defendant “told me that he never intended on paying them back — and that’s why he never signed on what I recall him telling me was approximately $850,000.” Graman v. Graman, No. 05-14-01254-CV (Jan. 20, 2016) (mem. op.)
Unlucky foundation. “Cross’s affidavit affirmatively demonstrates his lack of personal knowledge on its face with respect to the date of the foreclosure sale. Cross attested only to what the May 28th letter told him.” Old Republic Ins Co. v. Cross, No. 05 14-01204-CV (Dec. 7, 2015) (mem. op.)
