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KROGER CO. v. ELWOOD

No. 04-1133.

197 S.W.3d 793 (2006)

THE KROGER CO., Petitioner, v. Billy ELWOOD, Respondent.

Supreme Court of Texas.

Rehearing Denied September 1, 2006.

Attorney(s) appearing for the Case

Brian J. Brandstetter, Brackett & Ellis, P.C., Fort Worth, for Petitioner.

Rodney R. Elkins, Rodney R. Elkins & Co., Dallas, for Respondent.

PER CURIAM.

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. In the trial court, a jury found Kroger liable for Elwood's injuries; the court of appeals affirmed the judgment. Because...

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