In Texas-Arkansas Spat, Judge Orders Parties to Midfield

[WSJ_law_blog]

We’ve always known that folks from both Texas and Arkansas take their college football pretty seriously. Apparently, so do their judges.

In the case of Waggoner v. Wal-Mart, the estate of William Waggoner is suing Wal-Mart after Waggoner suffered fatal injuries allegedly sustained while exiting a Wal-Mart in Marble Falls, Texas, through a faulty door. In the case, which is being litigated in the Western District of Texas, a discovery dispute arose over the location of a deposition for a Wal-Mart representative. The choices were San Antonio, Texas, and Bentonville, Arkansas.

Acknowledging the delicate nature of the problem, Judge James Nowlin, in an order, wrote:

• The Court is sympathetic with the Defendant’s argument. Surely 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 Texas Longhorns have wrought havoc on the Arkansas Razorbacks with an impressive 55-21 all-time record. </p>
  On the other hand, the Court is sympathetic with Plaintiff’s position. 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 Royal stunned the Razorbacks by winning the 1969 National Championship. (pictured)

Judge Nowlin’s solution? He ordered that the deponent appear on the steps of the Texarkana Federal Building, 500 State Line Avenue, TX/AR 71854.

While he chose to split the baby, Judge Nowlin, in a footnote, revealed where his football loyalties lie: “It is worth noting,” he wrote, “that the Razorbacks, who disgracefully retreated from the Southwest Conference to the gentler pastures of the Southeastern Conference, could have likely learned a lesson about stamina and perseverance in the face of battle by visiting the Alamo in San Antonio.”