Brookshire Grocery Co. v. Goss

Summary

The Supreme Court of Texas held that Brookshire Grocery owed no duty to warn an employee about the commonly known risk of maneuvering around a loaded cart. The court reversed the court of appeals and rendered judgment that the employee take nothing.

Holdings

1. Brookshire owed Goss no duty to warn her of, or provide specialized training concerning, the risk of stepping around a loaded lowboy cart because that danger was commonly known and appreciated by Goss.
2. The absence of a duty to warn is a threshold element of liability, not an affirmative assumption-of-risk defense.

Questions Presented

1. Whether Brookshire owed Goss a duty to warn or provide specialized training concerning the danger of maneuvering around a loaded lowboy cart in a confined cooler.
2. Whether the court of appeals improperly characterized Brookshire's duty argument as an unavailable assumption-of-risk defense.

Disposition

reversed