Katherlena Peterson v. Brookshire Grocery Company d/b/a Super 1 Foods

Trey Zeigler represented Brookshire Grocery Company in a claim brought by plaintiff, Katherlena Peterson. Ms. Peterson claimed that she was injured when she was struck by a runaway shopping cart.  Plaintiff claimed that a store employee who was retrieving shopping carts from the parking lot negligently allowed a shopping cart to drift into her, striking her and causing personal injury. Trey showed the Court that despite plaintiff’s claims that the employee was rude and insensitive to her, even laughing at her, she did not report the accident to store management that evening.  Trey further showed that while plaintiff claimed that she began experiencing pain immediately after leaving the store, she did not return to report the accident and the alleged conduct of the employee and further that she did not seek medical treatment until nearly two weeks after the incident.  The Trial Court accepted Trey’s argument, holding that plaintiff failed to show that a store employee’s negligence caused such an incident. The Trial Court ruled that plaintiff’s claims of a store employee being at fault were “nothing more than conjecture.”  The Court further held that notwithstanding plaintiff’s failure to prove liability, plaintiff also failed to prove that her complaints were the result of such an incident, as she had had similar complaints that predated the incident. The Court concluded by returning a judgment in favor of defendant dismissing all claims.

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