Sheriff v. HOSPITAL AUTH., HOUSTON CTY.

I respectfully dissent from the judgment of affirmance as it is my view that the evidence as recited by the majority, when construed most favorably to the non-movant, authorizes a finding of constructive knowledge of the hazardous puddle of water in the reception area of defendant hospital authority’s emergency room without establishing that plaintiff’s knowledge was equal or greater.

The physical existence of the small puddle is undisputed. Plaintiff was seated 12 feet from the reception window for a period of 29 or 30 minutes and observed no event precipitating the hazardous spill,…