Gillespie, Agerain v. Kroger Texas, L.P., the Kroger Co., 415 S.W.3d 589

This is a premises liability slip-and-fall at a Kroger store restroom; trial court granted Kroger summary judgment on traditional and no-evidence grounds.
Restroom was up a flight of stairs next to the manager’s office; the door was swollen and could not close completely.
Gillespie fell while using the restroom, injuring her left hip, knee, and arm after selecting the second stall due to the door/S-issues and slippery floor.
The manager was nearby; upon Gillespie’s fall, the manager and Gillespie’s husband assisted; the floor was damp and slippery with footprints observed.
An incident report (June 27, 2009, 8:35 p.m.) described a damp film of water, not puddling, in a 6-by-6-foot area around stall doors.
Kroger’s manager testified Kroger had never experienced a problem and was not aware of the condition; Gillespie offered expert reports suggesting prior moisture issues.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Kroger had knowledge of the dangerous condition	Gillespie argues Kroger knew or should have known of moisture/condensation causing slipperiness.	Kroger asserts there was no evidence of actual or constructive knowledge of the condition at the time of the fall.	No evidence of knowledge; judgment affirmed.

Keetch v. The Kroger Co., 845 S.W.2d 262 (Tex. 1992) (premises liability elements require knowledge of a condition)
Wal-Mart Stores, Inc. v. Gonzalez, 968 S.W.2d 934 (Tex. 1998) (duty to protect against dangerous premises conditions)
Brookshire Grocery Co. v. Taylor, 222 S.W.3d 406 (Tex. 2006) (condition at time of injury; notice requirements limit liability)
Bowman v. Brookshire Grocery Co., 317 S.W.3d 500 (Tex. App.—Tyler 2010) (long-standing notice doctrine; inspection relevance)
Motel 6 G.P., Inc. v. Lopez, 929 S.W.2d 1 (Tex. 1996) (threshold knowledge of condition for premises liability)
Ford Motor Co. v. Ridgway, 135 S.W.3d 598 (Tex. 2004) (standard for no-evidence review in hybrid motions)
Mack Trucks, Inc. v. Tamez, 206 S.W.3d 572 (Tex. 2006) (evidence review standards for summary judgment)
East Hill Marine, Inc. v. Rinker Boat Co., 229 S.W.3d 813 (Tex. 2007) (no-evidence and traditional summary judgment guidance)