Opinion

Rosas v. Buddies Food Store

  • 18 Tex. Sup. Ct. J. 163
  • 518 S.W.2d 534
  • 1975 Tex. LEXIS 200
Court
Texas Supreme Court
Filed
Jan 8, 1975
Status
Published
Author
Walker
On the bench
Steakley, Walker, Greenhill, Pope, McGee, Denton
Cited by
367 cases

holding that a wet entryway - caused by customer foot traffic and windblown water may be an unreasonably dangerous -condition when there is evidence of past customers falling on a wet floor adjacent to the entryway and the store having procedures for handling, such occurrences

How later courts described this case

  • holding that a wet entryway - caused by customer foot traffic and windblown water may be an unreasonably dangerous -condition when there is evidence of past customers falling on a wet floor adjacent to the entryway and the store having procedures for handling, such occurrences
  • holding wet floor, caused by customer foot traffic and windblown water, may be an unreasonably dangerous condition
  • holding that the defendant is entitled to a summary judgment if the evidence conclusively negates at least one essential element of the plaintiff's action
  • holding that a wet floor just inside the grocery store’s entrance, despite that it had been raining, was not open and obvious as a matter of law

Written by the judges who cited it.

The opinion

WALKER, Justice

(concurring).

While I do not disagree with all that is said by Mr. Justice Steakley concerning the doctrine of volenti non fit injuria, it is my opinion that we should consider and deal with the doctrine in the context of a case involving that defense. It is not involved in the present case. Assumption of the risk is not even pleaded as required by Rule 93, Texas Rules of Civil Procedure. I concur in the judgment of reversal and remand, because the record does not establish conclusively that the condition of the floor was so open and obvious that petitioner should be charged as a matter of law with knowledge and appreciation of the danger.

GREENHILL, C. J, and POPE, Mc-GEE and DENTON, JJ., join in this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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