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Wal-Mart Stores, Inc. v. Rosa

52 S.W.3d 842 (2001)

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Wal-Mart Stores, Inc. v. Rosa

Texas Court of Appeals

52 S.W.3d 842 (2001)

Facts

Petra Rosa (plaintiff) was a customer in a store operated by Wal-Mart Stores, Inc. (defendant). The customer in front of Rosa in the checkout line had a baby in the cart, who was eating a banana. Several employees noticed that the baby was eating a banana because the cashier asked the manager how to charge the customer for the banana. One of the employees admitted that Wal-Mart should have been concerned that the baby may have created a mess while eating the banana. None of the employees checked the area, and Rosa slipped on a piece of banana and fell. Rosa was injured and sued Wal-Mart. Rosa presented testimony from a witness that the piece of banana was brown. The witness testified that she has only seen pieces of banana turn brown after being on the ground for almost an hour. Rosa testified that the piece of banana looked like it had been on the ground a while. The jury returned a verdict for Rosa, and Wal-Mart appealed. The court of appeals initially decided the appeal by panel but then granted a motion to hear the appeal en banc.

Rule of Law

Issue

Holding and Reasoning (Duncan, J.)

Concurrence (Rickhoff, J.)

Dissent (Hardberger, C.J.)

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