Legal Opinion

the Kroger Co. v. Christopher Milanes

Court of Appeals of Texas

Decided July 30, 2015No. 14-13-00873-CVPublishedCited by 20 opinions

1Opinion of the Court

OPINION

J. Brett Busby, Justice

Appellant, The Kroger Company, a non-subscriber to workers’ compensation insurance, appeals from a final judgment in favor of appellee Christopher Milanes, a Kroger employee who was seriously injured while cutting meat. In its first two issues, Kroger contends the trial court erred when it submitted Milanes’s claim to the jury on a general negligence theory rather than a premises liability theory. We overrule these issues because (1) the Supreme Court of Texas has held that a non-subscriber employer in Texas owes continuous, non-delegable duties to its employees…

2Cases cited47 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Cain v. BainTexas Supreme Court · 1986
  3. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
  4. Bowie Memorial Hospital v. WrightTexas Supreme Court · 2002
  5. Doe v. Boys Clubs of Greater Dallas, Inc.Texas Supreme Court · 1995

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3Cited by20 opinions

  1. Amin v. United Parcel ServiceCourt of Appeals for the Fifth Circuit · 2023
  2. Critical Path Res., Inc. v. Cuevas ex rel. EstateCourt of Appeals of Texas · 2018
  3. Ena Jones v. the Mattress Firm Holding Corp., the Mattress Firm Holding Corp., D/B/A Mattress Firm, Texas Court of Appeals, 14th District (Houston)2018
  4. Jacobs Engineering Group, Inc. v. ElseyCourt of Appeals of Texas · 2016
  5. Austin v. Kroger Texas L.P.District Court, N.D. Texas · 2016

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