Texas Jury Reaches Verdict in Legal Dispute

A civil case involving a plaintiff, who also acted as next friend for a second individual, and a defendant concluded in Texas on April 30, 2015. Few details were available regarding the specific incident that led to the lawsuit, the legal claims presented by either side, or the ultimate resolution of the dispute.

A deli clerk filed a lawsuit after she slipped and fell at her workplace, a Kroger Signature Supermarket in Fort Worth, Texas, on August 23, 2011. The incident occurred behind the deli counter, an area that had been cleaned and mopped prior to her arrival. The plaintiff claimed she suffered a traumatic brain injury, anxiety, and depression after striking her head on the floor. She alleged that the supermarket's parent company, Kroger Texas LP, failed to provide a safe workplace by not properly training employees or having a policy to warn of wet floor conditions. The plaintiff's husband also sued for loss of services. The case was filed in United States District Court as Kroger Texas LP did not carry Texas workers' compensation. The plaintiff presented medical evidence of a concussion, scalp hematoma, and cervical neck sprain immediately following the fall, with subsequent diagnoses of a traumatic brain injury, impaired memory and attention, and chronic pain. Her expert neurologist testified that the injuries were causally related to the accident and would prevent her from working again. The plaintiff sought $2.6 million in damages for past and future pain and suffering, mental anguish, and economic losses, including over $300,000 for future medical care and over $500,000 for lost earnings and household services. The defense contended that routine cleaning procedures were followed, and the plaintiff, being aware of such maintenance, did not require additional warnings. The defendant argued that placing caution cones in the active deli area, which was considered a kitchen, would have created a greater tripping hazard for employees. The defense also asserted that all employees, including the plaintiff, were trained to be aware of their surroundings, and that the plaintiff was wearing required non-slip shoes and her workstation had a non-slip floor cover. Additionally, the defense claimed the plaintiff had pre-existing cervical and lumbar spine injuries from a 1998 motor vehicle accident, suggesting her medical experts had not fully reviewed her prior medical history. After an eight-day trial and one hour of deliberation, a jury returned an 8-0 verdict in favor of the defense. The jury found that Kroger Texas LP was not negligent in the plaintiff's injury, resulting in no award of damages.

On October 10, 2012, a vehicular collision occurred on West 34th Street in Houston, Texas. The plaintiff was driving eastbound when she slowed for traffic, and her vehicle was struck from the rear by a defendant's vehicle. The force of the impact pushed the plaintiff's car into the automobile in front of hers. The plaintiff filed a negligence lawsuit, asserting the defendant failed to maintain a proper lookout, apply brakes in a timely manner, and manage an assured clear distance. As a result of the accident, the plaintiff claimed to have suffered a blow to the head, lost consciousness, and was diagnosed with a concussion, a hematoma of the head, broken ribs, a collarbone, and a pelvis. She further alleged permanent brain injury affecting memory, balance, and causing tremors, in addition to depression. The defendant denied all allegations of negligence, contending the plaintiff caused the accident by making a right turn from a driveway into traffic and then suddenly braking. The defendant also disputed the extent of the plaintiff's injuries, maintaining that some were unrelated to the collision and resulted from pre-existing illness, disease, or another accident. After hearing the arguments, a jury found the defendant 100% liable for the accident. The plaintiff was awarded $70,000 in past damages.

A plaintiff filed a negligence lawsuit in Dallas County, Texas, alleging that on April 2, 2012, a defendant negligently operated a vehicle. The plaintiff claimed the defendant failed to yield while making a turn, causing a collision with the plaintiff's car. The plaintiff alleged injuries from the incident. The lawsuit was filed on April 1, 2014, in the District Court, 14th District Court, Dallas County, Texas. The parties later reached a settlement agreement on June 26, 2015. Under the terms, the plaintiff accepted $7,000 in full settlement of all claims. On July 9, 2015, the court entered an agreed order dismissing the case with prejudice based on the parties' joint motion.

In Tarrant County, a plaintiff filed a lawsuit alleging negligence following a motor vehicle accident. The plaintiff claimed to have sustained bodily injuries, specifically soft tissue damage to the neck and back, as a result of the incident. A jury heard the case and delivered an 11-1 verdict in favor of the plaintiff. The jury found the defendant negligent and awarded damages totaling $2,226. This amount included $500 for past physical pain and mental anguish, and $1,726 for past medical care.