Texas Supreme Court

Brookshire Grocery Company, D/b/a Brookshire Food Stores, Petitioner v. Mary Francis Taylor, Respondent

December 1, 200650 Tex. Sup. Ct. J. 170

Summary

The Texas Supreme Court reversed the Court of Appeals and granted Brookshire Grocery Company summary judgment, holding that the only dangerous condition was the ice on the floor and that Brookshire lacked actual or constructive knowledge of that condition. The Court distinguished the facts from Corbin and other cases, concluding no duty existed for the soft‑drink dispenser itself. Justice Johnson filed a concurring opinion noting the need to reconcile Corbin with other precedent, and Justice O'Neill dissented, arguing the evidence could support a jury finding constructive knowledge of a dangerous condition.