Willard S. Peterson v. Wal-Mart Stores, Inc.

POSNER, Circuit Judge.

The plaintiff fell on the tile floor of the aisle of a Wal-Mart where he was shopping, and severely injured his knee. A broken can of women’s shaving lotion was found nearby; the plaintiff had slipped on lotion spilled from the can. Two employees of Wal-Mart testified by deposition that they had walked down the aisle just minutes before the accident and had seen no sign of spillage, but the plaintiff testified that he had been waiting in the aisle for his wife for ten minutes and during that time had neither seen any employees nor heard any sound of breakage. Concluding…