HOUSTON – Ross Stores is no longer on the hook for a $90,000 verdict, as an appellate court recently held that it is not liable for a brawl that broke out between two coworkers.
Court records show Joseph Miller sued Ross Stores back in 2017.
Miller worked in the stockroom at a Ross in Houston owned by Ross Dress for Less, a subsidiary of Ross Stores. A month into his employment, Miller’s coworker, Rashaud Davenport, instructed him on how to unload merchandise, which led to an argument between the two men.
According to Ross Stores, Davenport was the senior employee and one of his duties was to coach and train newer employees, such as Miller. But when Davenport tried to train Miller, Miller aggressively stepped toward him and “repeatedly cursed at Davenport, telling Davenport not to ‘fucking’ tell him what to do.”
Following the heated exchange, a supervisor told them their argument was unacceptable and that they should report conflicts to management to avoid confrontation. The supervisor gave them three options: quit, change shifts or keep working together. Miller and Davenport chose to continue working together.
However, a week later, the supervisor asked Davenport to tell Miller to move some boxes out of the way. In response to the instruction, Miller became angry and confrontational. Davenport then punched Miller and Miller punched back. Both men were terminated.
At trial, a jury found Ross Stores’ negligence caused the physical altercation between Miller and Davenport, awarding Miller $90,000 for his mental anguish and medical expenses.
On appeal, Ross Stores argued it did not owe a legal duty to Miller, since he was a Ross Dress for Less employee.
On Nov. 3, the 14th Court of Appeals concluded there is legally insufficient evidence that Ross Stores assumed control over the safety of Ross Dress for Less employees.
“The evidence does not show that Ross Stores directly participated in the acts that caused Miller’s injuries,” the opinion states. “We reverse the judgment of the trial court and render judgment that Miller take nothing by way of his claims against Ross Stores.”
Houston attorney John Daspit represents Miller.
Ross is represented by the Ashcraft Law Firm in Dallas.
Appeals case No. 14-18-01032-CV