WAL-MART STORES, INC. v. ALEXANDER

No. D-2388.

868 S.W.2d 322 (1993)

WAL-MART STORES, INC., Individually and Wal-Mart Stores, Inc. D/B/A Sam's Wholesale Club, Petitioners, v. Sarah ALEXANDER and Sam Alexander, Respondents.

Supreme Court of Texas.

Rehearing Overruled February 2, 1994.


Attorney(s) appearing for the Case

J. Preston Wrotenbery, Houston, Kelly M. Crawford, David R. McAtee, Dallas, for petitioners.

Jeffrey L. Jackson, San Benito, Melchor, Chavez, Brownsville, for respondents.


PHILLIPS, Chief Justice, delivered the opinion of the Court, in which Justices GONZALEZ, HIGHTOWER, HECHT, CORNYN, and ENOCH join.

Sarah Alexander was injured when she fell in front of Wal-Mart's store. The primary issues are whether Wal-Mart had a duty to maintain the area where Mrs. Alexander fell, and, if so, whether there is any evidence that Wal-Mart was grossly negligent. We conclude that although Wal-Mart did have a duty to maintain the area, there is no evidence...

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