Stephanie Rogers v. Walmart Stores

This appeal arises from a product liability lawsuit brought by the parents of Stephanie Rogers, a minor, against Walmart Stores, Inc. and Baby Togs, Inc. (Walmart). At issue is the trial judges discretion in taxing costs for good cause against the prevailing party pursuant to Tex. R. Civ. P. 141. The trial court rendered judgment on the merits for Walmart, but assessed it with one-half of the total guardian ad litem fees incurred on behalf on Stephanie. The court of appeals reversed and rendered judgment that the guardian ad litem fees be borne totally by Stephanie and her parents. Walmart Store, Inc. v. Rogers,675 S.W.2d 313. We reverse the judgment of the court of appeals and affirm the judgment of the trial court.