Legal Opinion

Aubrey Kilchrist v. SIKA Corporation

Court of Appeals for the Fifth Circuit

Decided February 6, 2014No. 12-10902UnpublishedCited by 4 opinions

1Opinion of the Court

PER CURIAM: *

This is a slip-and-fall case where the jury returned a verdict for the plaintiff, and the district court granted judgment as a matter of law for the defendant — premises on the grounds that it owed the plaintiff no duty as a matter of law. We affirm.

I. FACTS

Plaintiff Aubrey Kilchrist (“Kilchrist”) was employed by Distribution Technologies (“DisTech”) as a truck driver. Defendant Sika Corporation (“Sika”) engaged DisTech as an independent contractor to provide trucking services to the Sika plant in question. Sika produces a chemical known as admix that comes in a variety of colors…

2Cases cited5 opinions

  1. Sandra Spragis Flowers v. Southern Regional Physician Services Inc.Court of Appeals for the Fifth Circuit · 2001
  2. Kroger Co. v. ElwoodTexas Supreme Court · 2006
  3. Celanese Corp. v. Martin K. Eby Const. Co., Inc.Court of Appeals for the Fifth Circuit · 2010
  4. Brookshire Grocery Co. v. GossTexas Supreme Court · 2008
  5. Randy Austin v. Kroger Texas, L.P.Court of Appeals for the Fifth Circuit · 2013

3Cited by4 opinions

  1. E.I. Du Pont De Nemours and Company v. Robert Earl Roye and Diane Roye, Texas Court of Appeals, 14th District (Houston)2014
  2. Barry v. Lowe's Home Centers, LLCDistrict Court, N.D. Texas · 2020
  3. E.I. Du Pont De Nemours and Company v. Robert Earl Roye and Diane Roye, Texas Court of Appeals, 14th District (Houston)2014
  4. LARRY BEAVER v. MARTIN MARIETTA MATERIALS INC., ET. AL.District Court, N.D. Texas · 2026

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