Case: 16-20614 Document: 00513858004 Page: 1 Date Filed: 02/01/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-20614
Fifth Circuit
FILED
Summary Calendar February 1, 2017
Lyle W. Cayce
Clerk
SANDRA BANKS,
Plaintiff–Appellant,
versus
WAL-MART STORES TEXAS, L.L.C.;
WAL-MART STORES, INCORPORATED,
Defendants–Appellees.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:15-CV-2259
Before JOLLY, SMITH, and GRAVES, Circuit Judges.
PER CURIAM: *
Sandra Banks appeals a summary judgment dismissing her claim in this
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
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
Sandra Banks v. Wal-Mart Stores Texas, L.L.C., et
Combined Opinion