Penny Morgan v. Buc-ee’s, Inc. and Buc-ee’s, Ltd.

Summary

The Texas Court of Appeals for the Second Appellate District affirmed summary judgment for Buc-ee’s in Penny Morgan’s premises-liability action arising from a slip-and-fall. The court held that a bright yellow wet-floor cone placed in visible proximity to the wet area adequately warned Morgan of the condition as a matter of law and declined to address the no-evidence summary-judgment ground.

Holdings

1. A bright yellow wet-floor cone placed in visible proximity to the wet spot was adequate, under the totality of the circumstances, to alert a reasonable person to the wet and slippery condition. The adequate warning negated the reasonable-care element of Morgan’s premises-liability claim and entitled Buc-ee’s to traditional summary judgment.
2. Because the traditional summary judgment was dispositive and supported affirmance, the court did not need to address Morgan’s challenge to the no-evidence ground.

Questions Presented

1. Whether Buc-ee’s was entitled to traditional summary judgment on Morgan’s premises-liability claim because the wet-floor warning was adequate as a matter of law.
2. Whether the court needed to address the no-evidence summary-judgment ground after affirming on the traditional ground.

Disposition

affirmed