Donna Ferlicca v. Brookshire Grocery Company
Trey Zeigler successfully convinced the Second Circuit Court of Appeal to reverse an unfavorable judgment entered by the trial court in slip and fall case. Trey defended Brookshire Grocery Company in a suit brought by the plaintiff Donna Ferlicca, who claimed she slipped and fell on a rainy day at the entrance of a grocery store due to the store’s negligence. Trey argued that the trial court erroneously held the store liable despite evidence of such proactive precautions as permanent carpeting in the store entrance-way; multiple rubber-backed mats in place on the tiled portion of flooring beyond the carpeted area; the presence of a bright yellow, waist-high wet floor warning sign; frequent inspection by store employees; and frequent dry mopping by store personnel. The Second Circuit agreed with Trey finding that defendant had put on ample evidence of reasonable safety measures to prevent slips at the store entrance on this rainy day. Consequently, the Second Circuit reversed the trial court and ordered that judgment be entered in favor of defendant, dismissing all claims.