A slip-and-fall incident at a grocery store has led to a legal battle in Texas, where a plaintiff claims negligence and gross misconduct. On December 6, 2024, Guirdy Daphne filed a complaint against Kroger Texas, LP, doing business as K034 Kroger East Houston, in the District Court of Harris County. The case centers around an accident that occurred on April 3, 2023, when Daphne allegedly slipped on a wet substance at the defendant's premises.
The lawsuit details how Daphne was shopping at the Kroger store located at 5730 Seawall Blvd., Galveston, Texas when she encountered the hazardous condition. As she walked through the store, she slipped and fell violently to the floor, sustaining severe injuries to her left knee and experiencing pain in her right hip and toes. The plaintiff accuses Kroger of failing to maintain safe premises and not providing adequate warning about the dangerous condition.
Daphne's petition outlines several allegations against Kroger Texas. She asserts that as an invitee on their property, she was owed a duty of care by the defendants to ensure her safety while shopping. The plaintiff claims that Kroger breached this duty by not adequately warning her about the wet substance or taking measures to eliminate the hazard. Furthermore, Daphne argues that the negligence extended beyond simple oversight; it rose to gross negligence due to Kroger's awareness of the risk yet proceeding with indifference towards customer safety.
In addition to these accusations, Daphne invokes the doctrine of respondeat superior, holding Kroger accountable for its employees' actions during their course of employment. This legal principle asserts that employers are liable for their employees' negligent acts if performed within their job scope.
Daphne seeks monetary relief exceeding $250,000 but not more than $1 million for damages incurred from her injuries. These damages include past and future medical expenses, physical pain and suffering both past and future, mental anguish experienced and anticipated in the future, physical impairment affecting her daily life activities now and potentially in years ahead as well as disfigurement.
Representing Guirdy Daphne is attorney Ryan E. Rogers from Godsey Martin P.C., who filed this original petition with hopes of securing justice for his client through compensatory damages covering medical costs along with pre-judgment interest calculated from injury date until judgment day plus post-judgment interest accruing thereafter alongside court costs.
This case is being presided over by Judge Wanda Chambers under Case ID 2024-85189 in Harris County’s 190th Judicial District Court.