(DOWNLOAD) "Kroger Co. v. Elwood" by In the Supreme Court of Texas ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kroger Co. v. Elwood
- Author : In the Supreme Court of Texas
- Release Date : January 12, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Billy Elwood, a courtesy clerk at a Kroger grocery store, was injured when a customer shut her vehicle door on his hand while he was transferring items from a grocery cart to the vehicle. Elwood had placed one hand in the vehicle's doorjamb, and one foot on the cart, to keep the cart from rolling down a slope in Kroger's parking lot. In the trial court, a jury found Kroger liable for Elwood's injuries; the court of appeals affirmed the judgment. Because Kroger had no duty to warn Elwood not to place his hand in a doorjamb, and there is no evidence that additional equipment or assistance were needed to perform Elwood's job safely, we reverse and render judgment for Kroger. Kroger is a nonsubscriber to workers' compensation; therefore, to recover damages Elwood must establish that Kroger's negligence proximately caused his injuries. See Werner v. Colwell, 909 S.W.2d 866, 868 (Tex. 1995). Elwood alleges that Kroger provided inadequate training on how to maneuver carts on a sloped parking lot, never advised that he should take a second clerk with him to the sloped portion of the lot, and provided no explanation on how to avoid injury when loading groceries into customers' vehicles. Elwood also alleges that, even though Kroger was aware that customers' vehicles were often damaged by rolling carts in the sloped parking area, it never provided carts with locking wheels or wheel blocks.