Randy Austin v. Kroger Texas, L.P.

JENNIFER WALKER ELROD, Circuit Judge:

This case arises out of injuries that Plaintiff-Appellant Randy Austin sustained while performing his duties as an employee for Defendant-Appellee Kroger Texas, L.P. (“Kroger”). For the reasons stated below, we AFFIRM the district court’s judgment with respect to Austin’s gross negligence claim and REVERSE and REMAND with respect to his premises liability and ordinary negligence claims.

I

Austin was a long-time Kroger employee. Beginning in 1997, Austin served in various maintenance positions; in 2008, he became a “utility clerk” or “floor clean-up person”…