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Congratulations to Peter Kelly who convinced the Fourteenth Court of Appeals in Houston to affirm a $1.1 million judgment obtained by Jason Gibson and Andrew Smith against Kroger following an incident in which a meatcutter lost four fingers on his dominant hand.
Among other issues on appeal, Kroger argued that its duties should be limited to those owed by premises owners to invitees–meaning no duty to train or supervise, hire competent co-employees, provide appropriate instrumentalities, etc. The court rejected that argument based on the Supreme Court’s recent opinion in Austin v. Kroger. Kroger also argued that the trial court erred in admitting certain photographs taken by the plaintiff after he returned to work, claiming that the pictures were thus the result of a criminal trespass and thus inadmissible under the exclusionary rule. The court rejected this argument as well. You can find a link to the opinion here.