COX v. WAL-MART STORES EAST, L.P.

No. 13-60454.

755 F.3d 231 (2014)

Jackie COX; Ricky Lee Cox, Plaintiffs-Appellants v. WAL-MART STORES EAST, L.P., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 10, 2014.


Attorney(s) appearing for the Case

Brian Ashley Clark , William Roberts Wilson, III, Esq. , Roberts Wilson, P.A., Walter Stephens Cox , Oxford, MS, for Plaintiffs-Appellants.

Thomas M. Louis , Wells, Marble & Hurst, P.L.L.C., Ridgeland, MS, Leo Joseph Carmody, Jr. , Wells, Marble & Hurst, P.L.L.C., Oxford, MS, for Defendant-Appellee.

Before BENAVIDES, CLEMENT, and GRAVES, Circuit Judges.


JAMES E. GRAVES, JR., Circuit Judge:

This appeal concerns the grant of summary judgment to Wal-Mart, the defendant in a premises liability case. We reverse and remand to the district court for further proceedings.

I. Factual and Procedural Background

Plaintiffs Jackie and Ricky Cox went to the Wal-Mart in Fulton, Mississippi on April 24, 2011. As Mrs. Cox entered through an automatic sliding door, she fell and sustained injuries. Cox's trip and fall...

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