Kroger Co. v. Keng

The issue presented is whether a non-subscriber to workers’ compensation insurance is entitled to a jury question regarding its employee’s alleged comparative responsibility for his or her injuries. Sonja Keng sued Kroger Company, a workers’ compensation nonsubscriber, for work-related injuries. The trial court rendered judgment on the jury’s verdict for Keng, and Kroger appealed. Kroger complained that the trial court erred in refusing to submit a comparative-responsibility question to the jury. The court of appeals affirmed, holding that the comparative-responsibility statute does not apply…