Bankruptcy

Judge References Texas Football in Court Order

By J. Michael McBride

In the case of Waggoner v. Wal-Mart, the estate of William Waggoner is suing Wal-Mart after Waggoner suffered fatal injuries while exiting a Wal-Mart in Marble Falls, Texas, through a faulty door. A dispute arose over the location of a deposition for a Wal-Mart representative. The parties were unable to agree whether the deposition should be held in San Antonio, Texas, or Bentonville, Arkansas.

In an order Judge Nowlin said, “surely the Defendant’s corporate representative, a resident of Arkansas, would feel great humiliation by being forced to enter the home state of the University of Texas, where the legendary Longhorns have wrought havoc on the Arkansas Razorback with an impressive 55-21 all-time series record.”

The Judge went on to say, “plaintiffs might enter Arkansas with a bit of trepidation as many residents of Arkansas are still seeking retribution for the “Game of the Century” in which James Street and Darrell K. Royal stunned the Razorbacks by winning the 1969 National Championship.”

Being sympathetic to both parties, the Judge ordered that deposition of the Defendant’s corporate representative shall occur on the steps of the Texarkana Federal Building, which is on the state line of Texas and Arkansas. He further ordered that each party remain on their respective side in order to “avoid humiliation and trepidation of retribution.”

The case is being litigated in the Western District of Texas.

Here is a link to the article:
http://www.statesman.com/blogs/content/shared-gen/blogs/austin/courts/entries/2008/06/05/judge_references_football_riva.html

Yameena

Full post as published by Texas Lawyer Blog on July 21, 2008 (boomark / email).