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E-Z Mart Stores, Inc. v. Ronald Holland's A-Plus Transmission & Automotive, Inc.,

ELR Citation: 41 ELR 20273
Nos. No. 04-10-00192-CV, (Tex. App. , 08/03/2011)

A Texas appellate court reversed and remanded a $550,019 judgment awarded to property owners in their suit against a neighboring convenience store for damages stemming from a leaking UST. The evidence was legally sufficient to show that the gasoline migrated from the store's property to the plaintiff's property, thus causing the explosion when a cell phone company drilled to install a cell phone tower. In addition, the evidence was legally sufficient to support the damage award, and the owners were not barred by law from recovering damages. But the trial court abused its discretion in excluding evidence related to gasoline links from a prior owner of the convenience store. Because this evidence was improperly excluded, and because the excluded evidence probably caused the rendition of an improper judgment, the judgment was reversed and remanded.