WAL-MART STORES, INC. v. REECE

No. 00-1261.

81 S.W.3d 812 (2002)

WAL-MART STORES, INC., Petitioner, v. Lizzie REECE, Respondent.

Supreme Court of Texas.

Decided June 20, 2002.

Rehearing Denied August 29, 2002.


Attorney(s) appearing for the Case

Kevin D. Jewell, Magenheim Bateman & Helfand, P.L.L.C., Steven Jon Knight, Chamberlain Hrdlicka White Williams & Martin, Jane M. N. Webre, Scott Douglass & McConnico, Austin, for Petitioner.

Kevin Knight, Roger Knight, Jr., Madisonville, Timothy F. Lee, Ware Snow Fogel & Jackson, LLP, Houston, for Respondent.


Justice O'NEILL delivered the opinion of the Court.

To prevail in a premises-liability case, an invitee must prove that the premises owner had actual or constructive knowledge of a dangerous condition on the premises. In this slip-and-fall case, we must decide whether evidence that the premises owner's employee was in close proximity to the dangerous condition right before the plaintiff fell, without more, is legally sufficient to charge the premises owner with constructive...

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