Wal-Mart Stores, Inc. v. Rosa
Texas Court of Appeals
52 S.W.3d 842 (2001)
Relevant factsFree
Wal-Mart (defendant) employees observed a baby in a customer's cart eating a banana in the checkout line, with one employee even acknowledging the store should have been concerned about a resulting mess, yet no one checked the area; Rosa (plaintiff) later slipped on a piece of banana that a witness described as brown, testifying such discoloration typically takes about an hour to develop. A jury found for Rosa, and Wal-Mart appealed, with the court hearing the case en banc.
IssueFree
Whether, in a premises-liability case relying on circumstantial evidence, a plaintiff must prove that the dangerous condition more likely than not existed long enough to give the owner a reasonable opportunity to discover it.