Wal-Mart Stores, Inc. v. Gonzalez

968 S.W.2d 934 (1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

P visited D with her daughter and two granddaughters. While walking in a busy aisle from the cafeteria toward a store refrigerator, P stepped on some cooked macaroni salad that came from the D cafeteria. She slipped and fell, sustaining painful injuries to her back, shoulder, and knee. P sued D for negligence. P testified that the macaroni salad appeared to have been significantly contaminated with dirt. P’s daughter testified that the macaroni had shopping cart marks and footprints on it and appeared to have been on the floor for a while. No other testimony or evidence was presented. A jury awarded her $100,000, and the trial court rendered judgment on the verdict. The court of appeals, with one justice dissenting, reduced damages to $96,700 and affirmed the judgment as modified. D appealed.