Gomez v. Wal-Mart Stores, Inc. et al

Filing 28

ORDER granting in part and denying in part 22 Motion for Summary Judgment. Any claim for negligent activity is DISMISSED. The claim for premises liability will proceed to trial.(Signed by Judge Nelva Gonzales Ramos) Parties notified.(mserpa, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
GLORIA GOMEZ,
Plaintiff,
VS.
WAL-MART STORES, INC., et al,
Defendants.

May 27, 2016
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 2:15-CV-00226
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ORDER ON SUMMARY JUDGMENT MOTION
Before the Court is “Defendants’ Wal-Mart Stores, Inc. and Wal-Mart Stores
Texas, LLC’s No-Evidence Motion for Summary Judgment” (D.E. 22), along with
Plaintiff, Gloria Gomez’s Response (D.E. 23), and Defendants’ Reply (D.E. 25).
Defendants seek summary judgment eliminating any negligent activity claim and the
premises liability claim.
After due consideration, the motion is GRANTED IN PART with respect to the
claim for general negligence or negligent activity. The motion is DENIED IN PART
with respect to the claim for premises liability because there is more than a scintilla of
evidence raising a disputed issue of material fact regarding whether the condition of the
premises had existed a sufficient length of time that Defendants knew or should have
known of it.
In so holding, the Court rejects Plaintiff’s argument that she is entitled to a
spoliation presumption. She has not demonstrated (1) that Defendants owed a duty to
Plaintiff to investigate and thereby generate and maintain evidence favorable to her, (2)
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that Defendants were ever in exclusive possession of additional evidence that was
relevant, material, and probative with respect to this matter, or (3) that Defendants acted
in bad faith with respect to handling evidence.
Any claim for negligent activity is DISMISSED. The claim for premises liability
will proceed to trial.
ORDERED this 27th day of May, 2016.
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NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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