McEWEN v. WAL-MART STORES, INC.

No. 04-96-00896-CV.

975 S.W.2d 25 (1998)

Ruby McEWEN, Appellant, v. WAL-MART STORES, INC., Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled July 22, 1998.

Concurring Opinion on Denial of Rehearing, July 22, 1998.


Attorney(s) appearing for the Case

Bryan Kost, Law Offices of Fidel Rodriguez, Jr., Larry Zinn, San Antonio, for appellant.

Stephen R. Fogle, Small, Craig & Werkenthin, P.C., San Antonio, Harold R. Loftin, Jr., Small, Craig & Werkenthin, P.C., Austin, for appellee.

Before STONE, GREEN and ANGELINI, JJ.


OPINION

STONE, Justice.

This appeal arises from a take nothing judgment entered against appellant, Ruby McEwen, in a personal injury lawsuit. McEwen brought suit against appellee, Wal-Mart Stores, Inc., for injuries she suffered while entering a Wal-Mart on S.E. Military Drive. McEwen alleged that as she and her daughter entered the vestibule of the Wal-Mart, a strong gust of wind raised the unsecured floor mat and the mat struck her in the back of the leg...

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