PAPER TOWELS DO NOT PROVE KNOWLEDGE OF PUDDLE



Young v. Wal-Mart Stores Texas, LLC
Dallas Court of Appeals, No. 05-14-00362-CV (March 12, 2015)
Justices Francis (Opinion), Lang-Miers, and Whitehill
Young slipped on a puddle of water as she was leaving a Wal-Mart store and sued Wal-Mart for her injuries. The Dallas Court of Appeals affirmed a no-evidence summary judgment against Young. Evidence that a store clerk was in the area for half an hour and had paper towels in her hand was no evidence the clerk knew or should have known the puddle was there, when the clerk testified she was using the towels to clean conveyor belts. “Circumstantial evidence from which equally plausible but opposite inferences could be drawn is merely speculative, and therefore, legally insufficient to support a finding.”

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