# Hill v. Winn Dixie Texas, Inc.

> Court of Appeals of Texas · February 4, 1992 · 824 S.W.2d 311

URL: https://www.frixlaw.com/law-library/cases/5080462

## Case

- **Full name:** Kerry HILL v. WINN DIXIE TEXAS, INC.
- **Court:** Court of Appeals of Texas
- **Decided:** February 4, 1992
- **Citations:** 824 S.W.2d 311; 1992 Tex. App. LEXIS 290; 1992 WL 16619
- **Precedential status:** Published
- **Opinion:** Concurrence by Cornelius
- **Judges:** Bleil, Grant, Cornelius
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5080462

## Opinion text

CORNELIUS, Justice,
concurring.
I do not agree that the negligence of a third party justifies an instruction on unavoidable accident, and the majority opinion does not say that it does.
I do believe, however, that in this case there is an inference that the cookie may have gotten on the floor and may have lain there without anyone’s negligence. Therefore, the instruction was proper on that basis. The complete lack of evidence that anyone put the cookie there raises an inference that it got there without anyone’s negligence — e.g., perhaps vibrations caused it to fall, it simply slipped off the shelf, or without anyone’s negligence, it simply fell out of someone’s package or cart. Thus, an instruction on unavoidable accident was proper.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5080462. Public record. Not legal advice.