Kroger manager sues store after injuring back

Michelle Keahey, East Texas Bureau Dec. 27, 2013, 1:58pm

SHERMAN - A Kroger store manager has filed a lawsuit claiming he suffered injuries to his back due to a malfunctioning dock.

Perry Dunn filed suit against The Kroger Co. on Oct. 16, 2013 in Grayson County District Court. The defendant removed the case to the Eastern District of Texas, Sherman Division on Dec. 19. 

Dunn was employed by defendant as a manger over the grocery department at the Kroger store located in Denison.

According to the lawsuit, on April 28 Dunn was unloading a grocery truck at the dock ramp in the back of the Kroger store. Dunn claims the dock ramp’s plate mechanism was malfunctioning and would not move in its usual way.

He alleges that after unsuccessfully attempting to obtain help from co-workers, he attempted to push the dock plate with “greater than the usual required amount of force.” During the process, he felt injured his lower back, according to the lawsuit.

Dunn accuses the defendant of negligence for failing to furnish a reasonably safe place to work and the duty to furnish reasonably safe instrumentalities with which to work, failing to provide a properly functional dock ramp for the loading and unloading of wholesale groceries, breach of duty to fail to provide the necessary assistance of another employee or employees when the dock ramp was in a state of disrepair, and for failing to provide properly functional dock ramp and dock plate.

The plaintiff is seeking an award of damages for medical expenses, loss of earning capacity, pain, suffering, and mental anguish, interest and court costs.

Dunn is represented by Norman J. Hoppenstein of Hoppenstein Law Firm in Dallas. A jury trial is requested.

Case No. 4:13-cv-00752

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