Garcia v. Wal-Mart Stores Texas, LLC, No. 17-20429 (5th Cir. 2018)Annotate this Case
The Fifth Circuit reversed the district court's grant of summary judgment for Wal-Mart in an action alleging a premises liability claim against the company for plaintiff's slip and fall. The court held that plaintiff's entire story, uncorroborated assumptions and all, was more plausible than Wal-Mart's proposed alternatives. In this case, plaintiff's was the only explanation supported by multiple, particularized indicia: The auto-scrubber pauses where the level of the floor changes; liquid tends to accumulate in uneven areas; and, per the post-slip cleanup effort, the spill was a concentrated puddle (rather than a trail created by a leaking garbage bin). Accordingly, the court remanded for further proceedings.