The Kroger Co. v. Elwood

Summary

The Texas Supreme Court held that Kroger did not owe its employee a duty to warn him not to place his hand in a vehicle doorjamb or to provide additional equipment or assistance for loading groceries on a sloped parking lot. The court reversed the court of appeals and rendered judgment for Kroger, concluding that the evidence did not establish breach of a duty or an unusually dangerous job condition.

Holdings

1. Kroger had no duty to warn Elwood not to place his hand in the vehicle's doorjamb because the danger was commonly known and already appreciated by Elwood.
2. Kroger had no duty to provide wheel locks, wheel blocks, additional personnel, or specialized training because Elwood offered no evidence that such equipment, assistance, or training was necessary to perform the job safely.
3. The evidence was legally insufficient to support a negligence judgment against Kroger because it did not establish a duty to warn or provide additional training, equipment, or assistance.

Questions Presented

1. Whether Kroger owed Elwood a duty to warn him not to place his hand in a vehicle's doorjamb or to provide additional training, equipment, or assistance for loading groceries on the sloped parking lot.
2. Whether legally and factually sufficient evidence supported the jury's finding that Kroger's negligence proximately caused Elwood's injuries.

Disposition

reversed