Dixon v. Wal-Mart Stores, Inc.

330 F.3d 311 (5th Cir. 2003)

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Nature of the Case

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Facts

P tripped and fell while leaving D's store. After checking out at one of the registers, she fell when her feet becoming entangled in a piece of plastic similar to the rope-like plastic strips that are typically used to bind newspapers or magazines into stacks. P sued D in state court for negligence in failing to maintain reasonably safe premises. D removed the case to federal court. P did not claim actual knowledge by D. P proffered constructive knowledge of an unreasonable risk of harm in that: (1) the close physical proximity of the plastic binder to D employees, i.e., the location of the plastic binder only several feet away from the employees staffing the check-out registers, and (2) the sufficiently long time that the plastic binder had remained on the floor, i.e., the implication that the plastic binder had been dropped at the location of her fall by the magazine and newspaper suppliers who restocked the store between 4:30 and 8:30 a.m. that day, more than eight hours prior to her 5:00 p.m. accident. D testified that (1) all employees are trained to pick up any debris or trash in the store, (2) managers and employees frequently perform safety inspections of the store, and (3) the particular area in which P fell had been inspected most recently approximately five minutes before her accident. D moved for judgment as a matter of law, but the district court denied the motion. P got the verdict and D moved again for judgment as a matter of law. The court denied the motion. D appealed.