HOUSTON – Kroger is seeking summary judgment in a lawsuit alleging a shopper cut his leg on a Christmas tree display.
Seeking up to $1 million in damages, Ronald Siegel filed suit against Kroger Texas on July 28, 2020 in Harris County District Court.
According to the petition, 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 petition states. “The danger was not open and obvious to Plaintiff.”
An amended petition states that the plaintiff was forced to walk through unsafe conditions because a security cart owned by Defendant Allied Universal blocked his path.
Court records show that on July 3 Kroger filed a no-evidence summary judgment motion, arguing that it is entitled to summary judgment on Siegel’s claim for premises liability because he has no evidence that Kroger had actual or constructive knowledge of an errant branch of a Christmas tree in the walkway between the display of Christmas trees.
Siegel filed a response a week later, asking the court to deny the motion because the motion for was not timely filed, and because the motion frivolously challenged all elements of his claim.
Case No. 2020-44610