H.E. BUTT GROC. CO. V. RESENDEZ
988 S.W.2d 218 (1999)
NATURE OF THE CASE: H.E. Butt (D) appealed after a decision by the Court of Appeals for
the Thirteenth District of Texas affirmed a trial court decision that D was negligent in
displaying a customer sampling bowl.
FACTS: D had two grape displays in its produce section. A customer sampling bowl was
level, sitting on ice and recessed about five inches below the table's surface. Each display
table had a three-inch railing around its edges. The floor of the entire produce section was
a non-skid surface and floor mats were in place around the display tables. There were also
warning cones near the grape displays. Maria Resendez (P) slipped and fell near two grape
displays. P sued D for negligence, alleging that the customer sampling display posed an
unreasonable risk of harm that caused her injuries. P got the verdict. D appealed. The court
of appeals concluded that D's grape display, allowing for customer sampling, was some
evidence of an unreasonable risk of harm to store customers.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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