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Click here for the full text of this decision FACTS:Billy Elwood, a courtesy clerk at a Kroger grocery store, was injured when a customer shut her vehicle door on his hand while he was transferring items from a grocery cart to the vehicle. Elwood had placed one hand in the vehicle’s doorjamb, and one foot on the cart, to keep the cart from rolling down a slope in Kroger’s parking lot. A jury found Kroger liable for Elwood’s injuries, but also determined that Elwood was 40 percent negligent. The trial court reduced Elwood’s judgment accordingly. A divided court of appeals affirmed the verdict, holding it was supported by factually and legally sufficient evidence. HOLDING:Reversed and rendered. Kroger is a nonsubscriber to workers’ compensation; therefore, to recover damages Elwood must establish that Kroger’s negligence proximately caused his injuries. An employer owes no duty to warn of hazards that are commonly known or already appreciated by the employee. It has no duty to provide equipment or assistance that is unnecessary to the job’s safe performance. There is no evidence that loading groceries on the sloped portion of Kroger’s parking lot is an unusually dangerous job, nor is there evidence that other courtesy clerks sustained similar injuries while loading groceries on the sloped lot. While there is evidence that grocery carts had rolled into vehicles due to the parking lot’s slope and may have posed a foreseeable risk of damage to customers’ vehicles, this is no evidence that the slope posed a foreseeable risk of injury to Kroger’s employees. Elwood presented no evidence that his job required specialized training. Elwood testified that, prior to working at Kroger, he knew it was dangerous to place his hand in a vehicle’s doorjamb. Moreover, there is no evidence that carts with wheel locks or additional personnel were necessary to safely load groceries. “Kroger had no duty to warn Elwood of a danger known to all and no obligation to provide training or equipment to dissuade an employee from using a vehicle doorjamb for leverage. Employers are not insurers of their employees.” OPINION:Per curiam.

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