# Owens-Corning Fiberglas Corp. v. Malone

> Texas Supreme Court · August 25, 1998 · 972 S.W.2d 35

URL: https://www.frixlaw.com/law-library/cases/9773768

## Case

- **Full name:** OWENS-CORNING FIBERGLAS CORPORATION, Petitioner, v. Roy MALONE Et Al., Respondents; OWENS-CORNING FIBERGLAS CORPORATION, Petitioner, v. Barbara WASIAK, Et Al., Respondents
- **Court:** Texas Supreme Court
- **Decided:** August 25, 1998
- **Citations:** 972 S.W.2d 35; 1998 WL 288690
- **Precedential status:** Published
- **Opinion:** Concurrence by Owen
- **Judges:** Baker, Hecht, Gonzalez, Spector, Abbott, Hankinson, Phillps, Enoch, Phillips, Owen
- **Cited by:** 1,279 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9773768

## How later opinions describe it (automated extraction)

- finding that the trial court clearly ruled at a pretrial hearing that none of appellant’s exhibits would be admitted at trial and announcing the ruling on the record was sufficient to preserve appellate review
- holding no need to decide whether trial court abused its discretion by allowing leading questions; appellant could not show harm because the testimony elicited through leading questions was cumulative of other, properly admitted evidence
- stating appellate court must uphold trial court’s evidentiary ruling “if there is any legitimate basis for the ruling” and will not reverse erroneous evidentiary ruling unless error probably caused rendition of improper judgment

## Opinion text

OWEN, Justice,
concurring in the judgment.
I concur in the judgment. It is unnecessary for the Court to decide whether evidence of pending and future claims or evidence of unpaid punitive damages awards is ever admissible. See at 54 (Hecht, J., concurring). Because those questions should be decided if and when they are squarely presented and fully briefed, I do not join in the Court’s opinion or either of my concurring colleagues’ opinions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9773768. Public record. Not legal advice.