Court of Civil Appeals of Texas, 2014

Michelle Dimmitt v. Brookshire Grocery Company D/B/A Brookshire's and Superior Sanitation, Inc.

Michelle Dimmitt v. Brookshire Grocery Company D/B/A Brookshire's and Superior Sanitation, Inc.
Court of Civil Appeals of Texas · Decided June 26, 2014

Michelle Dimmitt v. Brookshire Grocery Company D/B/A Brookshire's and Superior Sanitation, Inc.

Opinion

Opinion filed June 26, 2014

In The Eleventh Court of Appeals __________ No. 11-12-00129-CV __________ MICHELLE DIMMITT, Appellant V. BROOKSHIRE GROCERY COMPANY D/B/A BROOKSHIRE’S AND SUPERIOR SANITATION, INC., Appellees On Appeal from the 220th District Court Comanche County, Texas Trial Court Cause No. CCCV-10-14910

CONCURRING MEMORANDUM OPINION A wet floor is a wet floor. Insofar as the majority holds that the “wet floor” cone did not adequately warn of a different kind of wet floor, I disagree. However, because I believe that the summary judgment evidence raises an issue of material fact as to whether the cone was in sufficient proximity to the place where Dimmitt fell so as to constitute an adequate warning, I concur in the result.

June 26, 2014 MIKE WILLSON Panel consists of: Wright, C.J., JUSTICE Willson, J., and Bailey, J.

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