H.E. Butt Groc. Co. v. Resendez

988 S.W.2d 218 (1999)

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Nature of the Case

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Facts

D had two grape displays in its produce section. A customer sampling bowl was level, sitting on ice and recessed about five inches below the table's surface. Each display table had a three-inch railing around its edges. The floor of the entire produce section was a non-skid surface, and floor mats were in place around the display tables. There were also warning cones near the grape displays. Maria Resendez (P) slipped and fell near two grape displays. P sued D for negligence, alleging that the customer sampling display posed an unreasonable risk of harm that caused her injuries. P got the verdict. D appealed. The court of appeals concluded that D's grape display, allowing for customer sampling, was some evidence of an unreasonable risk of harm to store customers.