In re Whataburger Rests. LP (Per Curiam)
Annotate this CasePlaintiffs filed a premises liability suit against Defendant, Whataburger Restaurants LP, for injuries sustained in a fight outside of Defendant’s restaurant. The jury rendered a 10-2 verdict in favor of Defendant, and the trial court entered a take-nothing judgment based on the jury’s verdict. Plaintiffs filed a motion for new trial, asserting that one of the ten majority jurors had committed misconduct when she failed to disclose prior to trial that she had previously been a defendant in a lawsuit. The trial court granted Plaintiffs’ motion for new trial on the ground that Plaintiffs were denied the opportunity to question or strike the juror in light of the missing information. Defendant filed a petition for writ of mandamus in the court of appeals, which was denied. Defendant sought mandamus review in the Supreme Court. The Court conditionally granted the petition, holding that because the record contained no competent evidence that the juror’s nondisclosure resulted in probable injury, and the only competent evidence supported that it did not, the trial court abused its discretion in granting a new trial.
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