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AUSTIN v. KROGER TEXAS L.P.

No. 12-10772.

731 F.3d 418 (2013)

Randy J. AUSTIN, Plaintiff-Appellant, v. KROGER TEXAS L.P., doing business as Kroger Store #209, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 27, 2013.

Attorney(s) appearing for the Case

Matthew J. Kita , Dallas, TX, for Plaintiff-Appellant.

Donna C. Peavler , Bryan Kyle Briscoe , Peavler Group, Dallas, TX, for Defendant-Appellee.

Before ELROD and HIGGINSON, Circuit Judges, and JACKSON, District Judge.

JENNIFER WALKER ELROD, Circuit Judge:

This case arises out of injuries that Plaintiff-Appellant Randy Austin sustained while performing his duties as an employee for Defendant-Appellee Kroger Texas, L.P. ("Kroger"). For the reasons stated below, we AFFIRM the district court's judgment with respect to Austin's gross negligence claim and REVERSE and REMAND with respect to his premises liability and ordinary negligence claims.

I.

Austin was a long-time...

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