The plaintiff, Resendez, sued HEB for negligence after she was injured while shopping at their store. Resendez claimed that the customer sampling display with loose grapes posed an unreasonable risk of harm, causing her injury. The court found that the display was level, recessed, and had warning cones and railing around the edges. The court determined that Resendez did not prove that HEB had actual or constructive knowledge of a dangerous condition that was not addressed, and that the display itself did not pose an unreasonable risk of harm.
H.E. Butt Grocery Co. v. Resendez (1999)
Supreme Court of Texas
988 S.W.2d 218
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