Joey BROWN, as next friend and natural guardian of Mitchell W. Brown, Appellee, v. Wal-Mart Discount Cities, Appellant.

Should a defendant’s liability be excused if the action of an unknown intervening party seems to be a more substantial cause of the plaintiff’s injury?

Plaintiff is a young boy who slipped on ice and water in the vestibule of defendant’s store. The evidence suggested that another customer had caused the spill; however, defendant was unable to provide any evidence identifying a specific customer. There is also evidence that the defendant’s business practice created a distinct possibility of customers spilling drinks in the entrance-ways of the store.