Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

Dixon v. Wal-Mart Stores, Inc.

United States Court of Appeals for the Fifth Circuit
330 F.3d 311 (5th Cir. 2003)


In July 1996, Billie F. Dixon (plaintiff) tripped and fell over a piece of plastic binding in a store owned by Wal-Mart Stores, Inc. (Wal-Mart) (defendant). In July 1998, Dixon brought suit against Wal-Mart, alleging that Wal-Mart negligently failed to maintain the premises. Dixon alleged that Wal-Mart had constructive notice of an unreasonable risk of harm based on: (1) the proximity of the plastic to employees at the checkout counters and (2) the length of time the plastic remained on the floor. Dixon alleged that the plastic had been dropped by magazine and newspaper suppliers during their routine restocking eight hours earlier. At trial, Wal-Mart testified that its employees were trained to routinely monitor the floors and pick up debris, and that an inspection of the floor had occurred five minutes before Dixon’s fall. Wal-Mart moved for judgment as a matter of law at the close of Dixon’s case and before the case was submitted to the jury. The district court denied both motions. The jury found in favor of Dixon. Wal-Mart renewed its motion for judgment as a matter of law. The district court denied the motion. Wal-Mart appealed.

Rule of Law


Holding and Reasoning (Wiener, J.)

Dissent (Dennis, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial