In the case of R. 'Roy' Peralta v. Heights Medical Center, Inc., DBA Heights Hospital et al., 1987, Roy Peralta sued Heights Medical Center for wrongful termination and violation of his civil rights under Section 1981 and Title VII after being fired from his position as a medical technician due to alleged insubordination. The District Court granted summary judgment in favor of the hospital on all claims except for one - whether or not there was racial discrimination involved in Peralta's dismissal. However, upon appeal by both parties to the Fifth Circuit Court, it was determined that there were genuine issues regarding material facts related to this claim which needed further examination at trial level before any decision could be made conclusively about its validity or lack thereof.

The dissenting opinion in the case of R. 'Roy' Peralta v. Heights Medical Center, Inc., DBA Heights Hospital, et al., 1987 argued that the majority's decision failed to adequately consider and apply Texas law regarding constructive notice. The dissent believed that there was a genuine issue of material fact as to whether or not the hospital had constructive notice of an allegedly dangerous condition on its premises - specifically, water on a bathroom floor which caused Mr. Peralta's fall and subsequent injuries. They contended that under Texas law, evidence showing merely the presence of a foreign substance is insufficient to establish liability; instead it must be shown how long it has been present for potential liability purposes. In this case, they felt there was enough circumstantial evidence presented by Mr.Peralta indicating that water could have been present long enough for employees to discover and rectify it before his accident occurred but did not do so due negligence or lack thereof attention towards safety measures.