Wal-Mart Stores, Inc. v. Spates

How courts have described this case

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

• noting that temporal evidence of “how long the hazard was there” is required
• explaining that temporality, proximity, conspicuity, and longevity factor into the constructive-knowledge analysis
• observing that, with respect to an inconspicuous hazard present for potentially less than a minute, “[h]ad there been evidence [the hazard] had been on the floor for an extended period of time, reasonable jurors might assume that the employee [near the hazard] should have seen it”
• observing that, with respect to an inconspicuous hazard present for potentially less than a minute, “[h]ad there been evidence [the hazard] had been on the floor for an extended period of time, reasonable jurors might assume that the employee [near the hazard] should have seen it.”
• observing that, with respect to an inconspicuous hazard present for potentially less than a minute, “[h]ad there been evidence [the hazard] had been on the floor for an extended period of time, reasonable jurors might assume that the employee [near the hazard] should have seen it.”
• referring to “analyzing the combination of proximity, conspicuity, and longevity” when determining constructive notice

Source: CourtListener parenthetical corpus (CC0).

Cited by

228 cases in this archive cite this case; the 20 most cited are listed.

• Goodyear Tire and Rubber Co. v. Mayes
  Texas Supreme Court· 2007-06-15· cited 1,112×
• Texas Integrated Conveyor Systems, Inc. v. Innovative Conveyor Concepts, Inc.
  Tex. App. Ct., 5th Dist. (Dallas)· 2009-10-06· cited 200×
• Cantu v. Horany
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-06-30· cited 127×
• Lindley v. McKnight
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2011-07-07· cited 72×
• Seigler v. Wal-Mart Stores TX
  Fifth Circuit· 2022-04-05· cited 62×
• MacY v. Waste Management, Inc.
  Tex. App. Ct., 1st Dist. (Houston)· 2009-08-28· cited 55×
• Doe v. TEXAS ASS'N OF SCHOOL BOARDS, INC.
  Court of Appeals of Texas· 2009-05-07· cited 55×
• XTO Energy Inc. v. Nikolai
  Court of Appeals of Texas· 2011-08-30· cited 53×
• Dukes v. Philip Johnson/Alan Ritchie Architects, P.C.
  Court of Appeals of Texas· 2008-03-27· cited 44×
• Faucette v. Chantos
  Tex. App. Ct., 14th Dist. (Houston)· 2010-09-23· cited 43×
• FWT, Inc. v. Haskin Wallace Mason Property Management, L.L.P.
  Court of Appeals of Texas· 2009-11-25· cited 39×
• Williams v. Colthurst
  Tex. App. Ct., 11th Dist. (Eastland)· 2008-04-03· cited 39×
• Little v. Delta Steel, Inc.
  Court of Appeals of Texas· 2013-07-11· cited 38×
• Rodarte v. Investeco Group, L.L.C.
  Tex. App. Ct., 14th Dist. (Houston)· 2009-09-29· cited 37×
• Cruse v. O'QUINN
  Tex. App. Ct., 14th Dist. (Houston)· 2008-12-30· cited 37×
• Duncan-Hubert v. Mitchell
  Tex. App. Ct., 5th Dist. (Dallas)· 2010-05-17· cited 36×
• RTLC AG PRODUCTS, INC. v. Treatment Equipment Co.
  Tex. App. Ct., 5th Dist. (Dallas)· 2006-06-27· cited 32×
• State v. Beeson
  Tex. App. Ct., 11th Dist. (Eastland)· 2007-07-19· cited 32×
• Academy of Skills & Knowledge, Inc. v. Charter Schools, USA, Inc.
  Tex. App. Ct., 12th Dist. (Tyler)· 2008-08-28· cited 27×
• Schronk v. City of Burleson
  Court of Appeals of Texas· 2009-07-22· cited 27×

Cites

4 cases in this archive are cited by this case.

• City of Keller v. Wilson
  Texas Supreme Court· 2005-06-10· cited 10,088×
• Wal-Mart Stores, Inc. v. Reece
  Texas Supreme Court· 2002-06-20· cited 358×
• Wal-Mart Stores, Inc. v. Garcia
  Tex. App. Ct., 4th Dist. (San Antonio)· 2000-08-16· cited 36×
• Spates v. Wal-Mart Stores, Inc.
  Tex. App. Ct., 13th Dist.· 2004-10-07· cited 5×