Rosas v. Buddies Food Store

STEAKLEY, Justice.

On a rainy afternoon, Isias Rosas entered Buddies Food Store, slipped on a wet floor and fell. Rosas sued Buddies to recover for the personal injuries he sus*536tained. Buddies’ motion for a Summary Judgment was granted by the trial court and this has been affirmed by the Court of Civil Appeals. 509 S.W.2d 451. We reverse and remand for a trial on the merits.

Summary judgment was based on the pleadings of the parties and their depositions. Rosas alleged that he was a business invitee, that the wet floor constituted a danger, that Buddies knew of the danger, that Buddies had a…