HOUSTON – A “dimly lit” Christmas tree display at a Kroger was not an “open and obvious” danger to Ronald Siegel, who claims an “errant branch” lacerated his leg last November.
Seeking up to $1 million in damages, Siegel filed suit against Kroger Texas on July 28 in Harris County District Court.
According to his lawsuit, on Nov. 22, 2019, Siegel was shopping at a Kroger. As he entered the grocery store, “he lacerated his leg on an errant branch of a Christmas tree displayed in a set.”
“The display was dimly lit,” the suit states. “The danger was not open and obvious to Siegel.”
Siegel claims he “suffered serious injuries” as a result of Kroger’s alleged negligence, specifically the store’s failure to warn him and to make the “dangerous conditions” safe.
The “dangerous conditions” include:
- Erecting Christmas trees close together;
- Dimly lighting the area around the trees;
- Putting the trees near the store’s entrance; and
- Failing to inspect the trees for protruding branches.
Clive Markland, attorney for Roberts Markland in Houston, represents him.
Case No. 2020-44610