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PREMISES LIABILITY

Jury finds no negligence in customer’s fall at store

On Aug. 13, a jury found that no one was negligent in a woman’s trip and fall at a Dollar General store in Mansfield. Robin Poehlein was standing at the end of a checkout line when she stepped back with her right foot to let another customer pass in front of her. She then tripped over the left foot of a store employee who was walking behind her. She alleged that the worker shouldn’t have walked so close behind her or should have warned her. The defense argued that it was just an accident, not negligence, and the jury apparently agreed.

Poehlein v. Dolgencorp of Texas Inc., No. 4:11-cv-00485-A

Court: U.S. District Court for the Northern District of Texas

Plaintiff’s Attorneys: J. Patrick Gallagher III, Haslam & Gallagher, Fort Worth

Defense Attorneys: Michael A. Hummert and Lee Veness, Bishop & Hummert, Dallas

WORKPLACE SAFETY

Ranch hand thrown from horse settles for $15,000

A ranch hand who was thrown from a horse that hadn’t been broken agreed to a $15,000 settlement on Aug. 20. Gregorio Castro worked for Newman Copeland who owned the horse. Castro sued Copeland for not providing safe tools with which to do his job. He said the horse was unbroken and prone to throwing its rider. Castro fractured seven ribs and a right clavicle at the shoulder. Defense counsel argued that Castro knew the horse was unbroken, and part of Castro’s job was to break the horse.

Castro v. Copeland, No. 2011-3472-5

Court: 414th District Court, McLennan County

Plaintiff’s Attorney: David G. Tekell, Tekell & Atkins, Waco

Defense Attorneys: Billy H. Davis Jr. and Andrew Tuegel, Harrison Davis Steakley Morrison, Waco

The verdicts and settlements above are reported and written by Verdict Search, a Texas Lawyer affiliate.

Previous VerdictSearch reports:

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