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WAL-MART STORES, INC. v. ROSA

No. 04-99-00791-CV.

52 S.W.3d 842 (2001)

WAL-MART STORES, INC. and Hector Dominguez, Appellants, v. Petra ROSA, Appellee.

Court of Appeals of Texas, San Antonio.

May 31, 2001.

Attorney(s) appearing for the Case

Kevin D. Jewell, Magenheim Bateman & Helfand, P.L.L.C., Houston, for Appellant.

David E. Dilley, Dilley Law Firm, San Antonio, Jose Luis Garza, Rio Grande City, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, ALMA L. LÓPEZ, CATHERINE STONE, PAUL W. GREEN, SARAH B. DUNCAN and KAREN ANGELINI, Justices.

OPINION ON APPELLEE'S AMENDED MOTION FOR REHEARING EN BANC

Opinion by: SARAH B. DUNCAN, Justice.

Wal-Mart Stores, Inc. appeals the trial court's judgment against it in Petra Rosa's premise defect suit. The court has reconsidered the case en banc and withdraws the panel opinion and judgment dated October 31, 2000. We hold there is no evidence from which it can be inferred that Wal-Mart had actual knowledge or constructive notice of the premise defect for...

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