Texas Supreme Court

Wal-Mart Stores, Inc., Petitioner v. Kathy Spates, Respondent

February 24, 200649 Tex. Sup. Ct. J. 373

Summary

The Texas Supreme Court reversed the Court of Appeals and reinstated the trial court's summary judgment in favor of Wal‑Mart. The Court held that the plaintiff failed to establish constructive notice of the plastic ring hazard because proximity of an employee alone, without evidence of conspicuity or longevity, is insufficient.