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WAL-MART STORES, INC. v. SPATES

No. 04-1046.

186 S.W.3d 566 (2006)

WAL-MART STORES, INC., Petitioner, v. Kathy SPATES, Respondent.

Supreme Court of Texas.

February 24, 2006.

Attorney(s) appearing for the Case

John Andrew Ramirez, Connie Hawkins, Bush & Ramirez, P.C., Houston, for Petitioner.

Marion D. Allen, Robert T. Rice & Associates, Angleton, for Respondent.

PER CURIAM.

In Wal-Mart Stores, Inc. v. Reece, this Court unanimously held that the mere proximity of an employee to a spill, without evidence of when or how it came to be on the floor, was legally insufficient to charge a premises owner with constructive notice of the hazard. 81 S.W.3d 812, 816-17 (Tex.2002). Five months later, the 149th District Court of Brazoria County granted summary judgment in a similar case involving...

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