Wal-Mart Stores, Inc. v. Rosa

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 so long that it should have been discovered and removed. We therefore reverse the trial court’s judgment and render judgment in Wal-Mart’s favor.