Threlkeld v. Total Petroleum, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that at worst, the restroom went unobserved for forty-five minutes, yet affirming JMOL for defendant
• reversing the denial of a premises owner’s motion for judgment as a matter of law in part because evidence that a dangerous condition had existed for 45 minutes was insufficient under Texas law to establish constructive notice
• fact that water may have been on bathroom floor for as long as 45 minutes did not show that store had reasonable opportunity to discover it
• “Under Texas premises liability law, a merchant owes its invitees a duty to exercise reasonable care to protect them against dangerous store conditions known or discoverable to the merchant.”
• “Under Texas premises liability law, a merchant owes its invitees a duty to exercise reasonable care to protect them against dangerous store conditions known or discoverable to the merchant.”
• summary judgment for the defendant was proper when no evidence showed that “water had been on the floor for a long enough period of time so as to give [the defendant] constructive knowledge of it’

Source: CourtListener parenthetical corpus (CC0).