5th Circ. Revives Kroger Employee's Slip And Fall Suit

Law360, New York (June 5, 2017, 7:55 PM EDT) -- The Fifth Circuit on Friday determined that a former Kroger Texas LP employee should be allowed to pursue his suit against the supermarket chain over injuries he suffered when he slipped while cleaning a spill, ruling that the lower court had abused its discretion when it threw the suit out.

Randy J. Austin, who has accused Kroger of not providing him with necessary tools to clean up a spill, resulting in a fall that caused him serious injuries, raised enough questions of fact to proceed in his case, the panel ruled. The panel rejected the Texas district court judge's reasoning that...

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