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Torts Keyed to Underwood
Wal-Mart Stores, Inc. v. Gonzalez
Citation:
968 S.W.2d 934 (Tex. 1998)Facts
The plaintiff visited the defendant’s store with her daughter and two granddaughters. While walking in a busy aisle from the cafeteria toward a store refrigerator, the plaintiff stepped on some cooked macaroni salad that came from the defendant’s cafeteria. Plaintiff slipped and fell, sustaining painful injuries to her back, shoulder, and knee. No witnesses testified that they had seen or were aware of the spilled macaroni before the plaintiff slipped on it. However, to argue that the macaroni had been on the floor for a prolonged period of time, the plaintiff testified that the macaroni had mayonnaise in it, was fresh, wet, still humid, and contaminated with a lot of dirt. The plaintiff’s daughter claimed that the macaroni had footprints and cart track marks in it and seemed like it had been there for a while.
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