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Click here for the full text of this decision FACTS:While shopping at a Tom Thumb grocery store, Alice Kofahl slipped in an unidentified liquid on the floor and fell, breaking her hip. Randall’s Food & Drugs, which owns Tom Thumb, filed a no-evidence summary judgment motion, arguing that it did not have actual or constructive knowledge of the spilled liquid. In her deposition testimony, Kofahl sated that the edges of the large puddle of liquid was “very tacky and gummy” as if the puddle was “starting to dry up.” The trial court granted the summary judgment. HOLDING:Reversed and remanded. The court agrees that Kofahl’s testimony presented more than a scintilla of evidence that the liquid had been on the floor long enough for the employees at Tom Thumb to have constructive knowledge of its presence. The court says that there are no recent cases addressing this type of evidence. It has been held in cases from the 1960s and 1970s that this type of testimony will support a finding that a liquid on the floor has been there for a sufficient length of time to charge the premises owner with constructive knowledge of its presence. The court notes that none of the cases cited by Randall’s to the contrary involved evidence that liquid on the floor had begun to dry. Kofahl’s husband Lloyd also brought suit, and since Randall’s did not assert an independent ground for summary judgment on his claim, the court reverses the judgment against him as well. OPINION:Reyna, J.; Gray, C.J., Vance and Reyna, JJ. DISSENT:Gray, C.J. “Based upon Wal-Mart Stores v. Gonzalez, 968 S.W.2d 934, 937-938 (Tex. 1998), I would hold that the meager statements describing the liquid in which Alice Kofahl allegedly slipped are no evidence to support constructive notice of its presence on the floor.”

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