Motion For Summary Judgment Granted in Retail Negligence Case

Dallas partner David McFarland and Houston senior attorney Kristie Walsdorf were granted a motion for summary judgment for their grocery store client in a case that looked at whether the defendants breached its duty to the plaintiff when it displayed a large yellow warning sign of a potential hazard in both English and Spanish.

Background

While shopping at our client’s grocery store, the plaintiff slipped and fell into a yellow warning cone. The incident was captured on video surveillance. Plaintiff sued under theory of recovery for negligence, premises liability, and respondeat superior, and sought gross damages. Plaintiff sought medical treatment with six different providers totaling alleged damages in excess of 50k seeking recovery for past and future medical bills, pain and suffering, household services and past damages for impairment, disfigurement, and lost consortium.

Analysis

As a matter of law, can plaintiff raise a fact issue regarding if defendants had knowledge of an unreasonably dangerous condition, and if so, did defendants exercise reasonable care to reduce or eliminate that unreasonably dangerous condition. The Harris County court agreed that the defendant did not breach its duty of care to plaintiff, as plaintiff could not provide any proof that the warning provided by defendants was not legally sufficient.