Legal Opinion

Garcia v. Wal-Mart Stores Tex., L.L.C.

Court of Appeals for the Fifth Circuit

Decided June 18, 2018No. 17-20429PublishedCited by 19 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Leoncio Garcia sued Wal-Mart Stores Texas, L.L.C. ("Wal-Mart"), after he slipped and fell inside the entrance to one of its stores. The district court granted summary judgment for Wal-Mart, reasoning that Garcia had failed to raise a fact issue on Wal-Mart's knowledge of the spill. Disagreeing, we reverse and remand.

I

The incident was caught on the store's video surveillance. At 5:56 a.m., a Wal-Mart employee operating an auto-scrubber machine passed over the area of the accident. The auto-scrubber works by dispensing cleaning solution on the floor, scrubbing the…

2Cases cited12 opinions

  1. Keetch v. Kroger Co.Texas Supreme Court · 1992
  2. Wal-Mart Stores, Inc. v. ReeceTexas Supreme Court · 2002
  3. Litton Industrial Products, Inc. v. GammageTexas Supreme Court · 1984
  4. Amanda Riggio v. Wal-Mart Stores, IncorporatedCourt of Appeals for the Fifth Circuit · 2017
  5. FFE Transportation Services, Inc. v. FulghamTexas Supreme Court · 2004

7 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Bellamy v. Wal-Mart Stores Texas, LLCDistrict Court, W.D. Texas · 2019
  2. Bollman v. Walmart Inc.District Court, S.D. Texas · 2025
  3. Britt v. Walgreen Co.District Court, W.D. Texas · 2021
  4. Britt v. Walgreen Co.District Court, W.D. Texas · 2020
  5. Britt v. Walgreen Co.District Court, W.D. Texas · 2022

14 more not listed; retrieve them via the Exa API.

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