WAL-MART STORES, INC. v. GONZALEZ

No. 04-96-00419-CV.

954 S.W.2d 777 (1997)

WAL-MART STORES, INC., Appellant, v. Flora L. GONZALEZ, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled September 15, 1997.


Attorney(s) appearing for the Case

J. Preston Wrotenbery, Kevin D. Jewell, Magenheim, Bateman, Robinson, Wrotenbery & Helfand, Houston, for Appellant.

Calixtro Villarreal, Rio Grande City, Charles A. Nicholson, Law Offices of Pat Maloney, P.C., San Antonio, for Appellee.

Before HARDBERGER, C.J., and LOPEZ and ANGELINI, JJ.


HARDBERGER, Chief Justice.

This is a rare case. The Plaintiff won a jury verdict in a slip-and-fall case, an ever-increasing improbability. Damages of $100,000 were awarded. Wal-Mart appeals.

FACTS

Flora Gonzalez was shopping at a Wal-Mart store in Rio Grande City. While she was going to get her cart, she stepped on macaroni that had been mashed by previous carts running through it. She fell down injuring her shoulder, side, back, and knee. The macaroni...

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