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State v. Gonzalez6/29/2000
that the sign was vandalized numerous times in the days leading up to the accident. We have held that evidence to be legally and factually sufficient to support the jury's finding that the State's failure to correct the condition of the sign allowing it to be susceptible to vandalism was unreasonable. The instruction on spoliation was relevant to the issue of whether the State had actual notice the sign was down before the accident as required by ยง 101.060(a)(3). We hold, therefore, that any error in submitting the instruction on spoliation was harmless.
We overrule the State's sixth point of error and AFFIRM the judgment of the trial court in all respects.
J. BONNER DORSEY, Justice
Publish. Tex. R. App. P. 47.3(b).
Opinion delivered and filed this 29th day of June, 2000.
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