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Date: 04-15-2024

Case Style:

Timothy Foster v. Kroger Texas, L.P.

Case Number: 4:24-cv-00150

Judge: Mark Pittman

Court: United States District Court for the Northern District of Texas (Tarrant County)

Plaintiff's Attorney: James R. Ames, III and Steven Robert Samples

Defendant's Attorney: B. Kyle Briscoe and Thomas Andrew Panuthos

Description: Fort Worth, Texas personal injury lawyers represented the Plaintiff who sued the Defendant on a premises liability theory.

This case was filed in the County Court at Law No. 3, Tarrant County, Texas, 23-007899-3, and was removed to federal court by Kroger Texas, L.P.

A premises liability action is a form of “negligence” based on a
premises defect theory. The elements to establish a premises
liability claim are different than those of a traditional negligence
claim. The claim must arise out of a condition of the premises.
“Negligence requires a duty, a breach of that duty, proximate cause
and damages. H. E. Butt Grocery Co. v. Warner, 845 S.W. 2d
258, 260 (Tex. 1992); Western Invs., Inc. v. Urena, 162 S.W. 3d
547, 550 (Tex. 2005).

Outcome: 04/11/2024 15 ORDER OF REMAND: Plaintiff's motion to remand (ECF No. 9 ) is GRANTED, and this action is REMANDED to the County Court at Law No. 3, Tarrant County, Texas. (Ordered by Judge Mark Pittman on 4/11/2024) (sre) (Entered: 04/11/2024)
04/11/2024 16 LETTER OF REMAND of re: 15 . (Letter of Remand, Order to Remand 15 and Certified Copy of Docket Sheet mailed to County Court at Law No. 3). (sre) (Entered: 04/11/2024)

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