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Sandra Banks v. Wal-Mart Stores Texas, L.L.C., et
16-20614
| 5th Cir. | Feb 1, 2017
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Docket

*1 Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM: [*]

Sandra Banks appeals a summary judgment dismissing her claim in this *2 Case: 16-20614 Document: 00513858004 Page: 2 Date Filed: 02/01/2017

No. 16-20614

ordinary slip-and-fall case. The district court issued a comprehensive and detailed twenty-three-page opinion that carefully examined the record, the facts, and the applicable law that Texas courts apply to similar matters. We cannot improve on the district court’s explication, which demonstrates why summary judgment is appropriate.

On appeal, Banks raises a new issue, claiming that Wal-Mart’s and its employee’s “credibility is called into question by Wal-mart [ sic ] failing to save material video evidence.” She “may not assert it for the first time on appeal.” Miller v. Am. Strategic Ins. Corp. , 2016 U.S. App. LEXIS 21731, at *4 (5th Cir. Dec. 6, 2016) (per curiam) (footnote omitted).

The summary judgment is AFFIRMED.

2

[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: Sandra Banks v. Wal-Mart Stores Texas, L.L.C., et
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Feb 1, 2017
Docket Number: 16-20614
Court Abbreviation: 5th Cir.
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