Hernandez v. Kroger Co.

Decision Date21 May 1986
Docket NumberNo. C-5253,C-5253
Citation711 S.W.2d 3
PartiesLera HERNANDEZ, Petitioner, v. The KROGER COMPANY, Respondent.
CourtTexas Supreme Court

Timothy H. Pletcher, Helm, Pletcher, Hogan, Bowen & Saunders, Houston, for petitioner.

L. Keith Slade, Weitinger, Steelhammer & Tucker, Houston, for respondent.

PER CURIAM.

This is a personal injury case arising from a slip and fall accident. The question before us is whether the trial court erred in the manner in which he submitted the case to the jury. The court of appeals held that the submission was proper and affirmed the trial court's judgment. 706 S.W.2d 335. Without hearing oral argument, we reverse the judgments of the court of appeals and the trial court and remand the cause for a new trial. TEX.R.CIV.P. 483.

Hernandez was injured when she fell in the foyer of a Kroger's grocery store. This foyer was the only entrance into and out of the store. Kroger had an established store policy to place floor rugs in the foyer to absorb any moisture or debris that may be tracked into the store. At the time of this accident, there were no rugs on the floor. At the close of trial, the trial court refused to submit the jury issues requested by Hernandez and instead submitted the following:

SPECIAL ISSUE NO. 1:

Do you find from a preponderance of the evidence that there was a slippery substance on the floor of the Kroger Store at the time and place where Lera Hernandez fell?

ANSWER: We do.

SPECIAL ISSUE NO. 2:

Do you find from a preponderance of the evidence that the Kroger Store, through its employees, placed a slippery substance on the floor of the store at the place where Lera Hernandez fell?

ANSWER: We do not.

SPECIAL ISSUE NO. 3:

Do you find from a preponderance of the evidence that on the occasion in question the Kroger Store, acting by and through its employees, was negligent with respect to any of the following:

* * *

A. In placing a slippery substance on the floor if they did.

B. In failing to discover and remove the slippery substance from the floor, if they did.

In Corbin v. Safeway Stores, Inc., 648 S.W.2d 292 (Tex.1983), this court held that the essential elements of a slip and fall case are:

(1) Actual or constructive knowledge of some condition on the premises by the owner/operator;

(2) That the condition posed an unreasonable risk of harm;

(3) That the owner/operator did not exercise reasonable care to reduce or eliminate the risk; and

(4) That the owner/operator's failure to use such care proximately caused the plaintiff's injuries.

The issues requested by Hernandez were in substantially the same form as the essential elements outlined in Corbin....

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  • General Elec. Co. v. Moritz
    • United States
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    • June 13, 2008
    ...v. Taylor, 222 S.W.3d 406, 407-08 (Tex.2006); Wal-Mart Stores, Inc. v. Reece, 81 S.W.3d 812, 813-14 (Tex.2002); Hernandez v. Kroger Co., 711 S.W.2d 3, 4 (Tex.1986) (per curiam); Corbin v. Safeway Stores, Inc., 648 S.W.2d 292, 295 (Tex. 1983). Considering all of this, it is difficult to see ......
  • Keetch v. Kroger Co.
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    • Texas Supreme Court
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    ...the owner/operator's failure to use such care proximately caused the plaintiff's injuries. Corbin, 648 S.W.2d at 296; Hernandez v. Kroger Co., 711 S.W.2d 3, 4 (Tex.1986). In this case, the trial court submitted a question based on Texas Pattern Jury Charge 61.02 that incorporated the Corbin......
  • Boyer v. Scruggs
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    • Texas Court of Appeals
    • March 28, 1991
    ...eliminate the risk, and (4) that appellant's failure to use such care proximately caused appellee's personal injuries. Hernandez v. Kroger Co., 711 S.W.2d 3, 4 (Tex.1986); Corbin, 648 S.W.2d at 296; K-Mart Corp. v. Grebe, 787 S.W.2d 122, 128 (Tex.App.--Corpus Christi 1990, writ denied); Cla......
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