Frank Coronado v. Wal-Mart Stores, Inc.--Appeal from 224th Judicial District Court of Bexar County

No. 04-00-00878-CV
Frank CORONADO,
Appellant
v.
WAL-MART STORES, INC.,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CI-14101
Honorable Phylis J. Speedlin, Judge Presiding

Opinion by: Sarah B. Duncan, Justice

Sitting: Phil Hardberger, Chief, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: December 12, 2001

AFFIRMED

Frank Coronado appeals the trial court's summary judgment against him in his premise liability suit against Wal-Mart Stores, Inc. We affirm.

Wal-Mart filed a purported no-evidence motion for summary judgment, contending there was no evidence it had actual knowledge or constructive notice of the alleged premise defect. Attached to the motion was Coronado's deposition in which he testified he was returning from the restroom when he slipped on a large puddle on the floor, which he had not seen when he went into the restroom; "nobody could see it"; two Wal-Mart employees were standing by the puddle, but he did not know whether they saw the puddle before he fell; and Coronado did not know how long the puddle had been there. Coronado did not file a response to the motion. We hold, therefore, the trial court properly granted Wal-Mart's motion. See Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934, 936 (Tex. 1998); Tex. R. Civ. P. 166a(i) ("The court must grant the motion unless the respondent produces summary judgment evidence raising a genuine issue of material fact.").

The trial court's judgment is affirmed.

Sarah B. Duncan, Justice

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