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Reyes v. Brookshire Grocery Co.

Court of Appeals of Texas, Twelfth District, Tyler

April 30, 2019

FLOR REYES, APPELLANT
v.
BROOKSHIRE GROCERY COMPANY, APPELLEE

          Appeal from the County Court at Law of Smith County, Texas (Tr.Ct.No. 66, 862)

          Panel consisted of Worthen, C.J., Hoyle, J., and Neeley, J.

          MEMORANDUM OPINION

          James T. Worthen, Chief Justice

         Flor Reyes appeals the trial court's summary judgment rendered in favor of Appellee Brookshire Grocery Company (BGC). In two issues, Reyes argues that the trial court erred in granting BGC's motion for summary judgment. We affirm.

         Background

         On June 20, 2015, between 4:15 p.m. and 4:30 p.m., Reyes entered a grocery store owned by BGC to shop with her family. While in the store, she began searching for a bottle of vitamin water to purchase. As she walked through the store between the checkout area and the store aisles, Reyes passed in front of an aisle end cap refrigerated display case. In front of the display case stood a three-and-one-half foot tall, four-sided, yellow sign, which read "CAUTION CUIDADO | WET FLOOR PISO MOJADO."[1] Almost immediately after she passed the sign, Reyes entered the aisle adjacent to the left side of the display case, slipped, fell, and sustained an injury, which required the attendance of emergency medical personnel.

         Thereafter, Reyes filed the instant suit, in which she alleged that BGC was liable to her under theories including negligence and premises liability. BGC filed a traditional motion for summary judgment, to which Reyes responded. Ultimately, the trial court granted BGC's motion for summary judgment, and this appeal followed.

         Summary Judgment

         In two issues, Reyes argues that the trial court erred in granting BGC's motion for summary judgment.[2]

         Standard of Review

         In reviewing a traditional motion for summary judgment, [3] we must apply the standards established in Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex. 1985), which are as follows:

(1) The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law.
(2) In deciding whether there is a disputed material fact issue precluding summary judgment, evidence favorable to the [nonmovant] will be taken as true.
(3) Every reasonable inference must be indulged in favor of the [nonmovant] and any doubts ...

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