Hernandez v. Kroger Co.

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.CIY.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…