East Texas Trial Reports

East Texas Trial Reports

Serving the Texas Legal Community

Since 1984

14027 Memorial Dr. #436 ● Houston, TX 77079-6895

Ph. 281-531-4500; Fax 281-531-4516

E-mail webmaster@ettrialreports.com

Sample Case

Court: Grayson, CCL #1

Cause No. 2000-1-249CV

Judge Hon. Don Jarvis

Freddie Raper

vs.

Kroger Food Store

Attorney(s) for the Plaintiff(s)

Attorney(s) for the Defendant(s)

Barry Rubarts

Attorney at Law

Sherman, TX

Craig D. Nyhus

Gwinn & Roby

Dallas, TX

PREMISES / SLIP & FALL / NEGLIGENCE / PERSONAL INJURY
Facts & Allegations	The Plaintiff, a man in his 50s, slipped and fell in the Kroger parking lot at Loy Lake in Sherman, Texas. He alleged in his lawsuit that Kroger was negligent in maintaining the parking lot because it knowingly allowed oil to accumulate on the surface which was sloped and never did anything to clean the slippery surface. The accident happened early on a Spring morning in 2000. On the day of the incident the weather was humid and the condensation mixed with the oil on the parking lot surface making it extra slippery. Plaintiff= s theory was that because of the slope of the parking lot Kroger knew of the potentially dangerous condition. Kroger did have someone to sweep up debris in the lot, but had no standard policy for oil accumulation. The Defendant argued that the Plaintiff was contributorily negligent and that the parking lot was not negligently maintained, contending all parking lots have accumulations of oil on them. The defense took the posture that it was not responsible for the Plaintiff= s slipping on the oil in its parking lot, despite the fact that the store manager testified that he knew there was oil in the parking lot and there was no standard policy concerning oil cleanup.
Damages	The Plaintiff landed on his elbow when he fell and sustained a partial fracture of his shoulder B no surgery. His past medical expenses were less than $10,000. He also sought damages for physical pain and mental anguish. No lost wage claim.

Plaintiff(s) Expert Witness(es)

Defendant(s) Expert Witness(es)

Karen Murphy, Texoma Medical Center, Physical Therapy & Ergonomics, Sherman, testified regarding injuries and therapy, ergonomics, and workplace safety

Medical & Billing Records by Affidavit

None

Verdict

The jury found that Kroger was not negligent.

6 - 0 (1-day trial)

Verdict Date: 07-30-2002

Demand/

Offer

No serious pretrial settlement negotiations.

Sidelights

Plaintiff called the person who swept up the debris from the parking lot and he testified that he did nothing to clean up oil.