A Dallas County jury has decided that a grocery store was not negligent after a Plaintiff slipped and fell on liquid near a fountain drink dispenser – even though the store manager testified that the liquid could have been there for at least 10 minutes. Plaintiff Miranda Esperanza brought a negligence lawsuit against Brookshire Grocery Co. claiming, among other things, that the store breached its duty of care to her by failing to inspect the premises on a regular basis. Plaintiff claimed that she sustained neck, back, and knee injuries as a result of the fall, and sought to recover damages for physical pain and mental anguish, medical expenses, and physical impairment. However, following a two-day trial, the jury found that Brookshire was not negligent. Brookshire, a self-insured corporation based in Tyler, Texas, was represented at trial by Barton Ridley and Heather Drake of Touchstone Bernays.
Touchstone partner Wayne Gordon recently got a Bituminous insured, Pampa Machine and Supply, nonsuited from a $100 million case filed by Diamond Shamrock Refinery against several defendants concerning a refinery fire and explosion near Dumas, Texas. The claims were for repair costs to the plant and business interruption/lost profits. The allegations included negligence in the refurbishing of a defective gate valve in a piping system which allegedly started the fire. Wayne filed a motion for summary judgment on behalf of Pampa and then convinced the plaintiff to drop our client from the suit because the plaintiff had no evidence that Pampa had ever worked on the gate valve in question.