NO LIABILITY FOR A WATER FOUNTAIN FALL

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.

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