Gordon Rees Scully Mansukhani Partner Ranelle Meroney and Associate Brittany Murphree, assisted by Paralegal Paige Wenner, secured a complete defense verdict on behalf of Texas’s largest family-owned grocery chain following a jury trial in Williamson County, Texas. The case involved a contested premises liability claim stemming from a slip-and-fall incident.
GRSM’s Austin trial team successfully defended the supermarket chain after a four-year legal battle that included multiple mediation attempts. The plaintiff, a shopper, alleged she slipped on a liquid near a recently relocated watermelon display while exiting the store’s self-checkout area. She claimed the liquid originated from decomposing fruit beneath the pallet and argued that the store failed to identify and address the hazard or warn customers.
The plaintiff brought negligence claims under a premises liability theory and sought $500,000 in damages for past and future pain and suffering, physical impairment, disfigurement, and medical expenses related to five orthopedic surgeries, many of which were complicated by preexisting osteoarthritis. Although the plaintiff had no out-of-pocket medical costs, she attempted to tie all surgical care, including a total knee replacement, and accompanying alleged intangible damages, to the incident. Despite three mediation sessions aimed at reaching a settlement, the parties remained more than $400,000 apart during the final attempt.
At trial, the defense emphasized the absence of notice and the invisibility of the alleged hazard. The employee who had moved the watermelon pallet shortly before the incident testified that he observed no liquid on the floor. During cross-examination, the plaintiff admitted she did not see the liquid before her fall, did not know how long it had been there, and could not identify its source. Surveillance footage supported the defense’s position that the liquid was not visible. While the plaintiff described the substance as sticky and gooey, suggesting it came from rotting produce, employee testimony and post-incident cleanup confirmed it was water. The defense further argued that spoiled watermelons typically create a large, obvious mess—not a small, unnoticed spot.
The jury deliberated for approximately one hour before returning a verdict finding neither party negligent. As a result, the plaintiff was awarded no damages.
This outcome underscores the commitment of GRSM’s Trial Practice to strategic and aggressive defense and trial excellence in high-stakes personal injury litigation, particularly in jurisdictions like Williamson County, where local reputation and juror perception are crucial.