HE Butt Grocery Company v. Resendez

Can mere display of produce for customer sampling constitute an unreasonable risk of harm to customers? The court of appeals said yes. 1 We say no. We reverse the court of appeals judgment and render judgment that plaintiff take nothing.

While shopping at an H.E. Butt Grocery Company store, Maria Resendez slipped and fell near two grape displays. She sued HEB for negligence, alleging that the customer sampling display posed an unreasonable risk of harm that caused her injuries. The trial court rendered judgment on a jury verdict for Resendez. The court of appeals affirmed.

From the undisputed…