Wal-Mart Stores, Inc. v. Rosa

52 S.W.3d 842 (2001)


After paying for her groceries, P slipped and fell on a piece of banana. P sued D for negligence. P’s daughter-in-law testified the piece of banana was 'brown,' and when her children dropped pieces of banana, it took at least forty-five minutes to one hour for the banana to turn brown. P also pointed to the number and proximity of D employees near where she fell, as well as a 3-inch wide-angled mirror on the wall behind her, as evidence that D should have discovered the piece of banana. Two Wal-Mart employees testified that the customer in line ahead of P was holding a baby that was eating a banana. The employees stated that their attention became focused on this fact when the cashier who was checking out that customer asked one of the D employees, who was a manager, for guidance as to how the customer should be charged for the banana. The employee was uncertain as to how the banana should be charged because customers are normally charged for a banana based on its weight, but the baby had consumed part of the banana. The manager told the employee not to charge the customer. The other employee admitted that it should be a concern of D to ensure that the baby did not create a mess when eating the banana. At the time the banana was dropped, three D employees were aware that the baby was eating a banana. After a jury trial, the court rendered judgment for P. D appealed.