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The restaurant must cover labor costs in delay liability



A Texas restaurant must pay damages to a chef who slipped and fell on a wet floor, a Texas appeals court ruled Wednesday to uphold a court decision to award workers $ 103,429 in damages in a lawsuit.

Edwin Calderon was working on Wok This Way when he fell on his way to get soup from a cooler to prepare for a customer, which caused immediate pain in his head and neck and led to several other conditions that left him unable to work. according to documents in We Deliver, Inc. d / b / a Wok This Way v. Edwin Calderon, filed in the Court of Appeals of Texas, Fourth District of San Antonio.

Because Texas is an opt-out state that does not require employers to have workers' compensation insurance, Mr. Calderon Wok sued, alleging negligent activity and local liability. Wok moved for summary judgment on both claims, according to information.

The Court of First Instance granted Wok a summary judgment on claims of negligent activity, dismissed it with prejudice, but held a bench trial claiming on local liability which resulted in a judgment in Calderon's favor. His award included $ 73,429.94 for past medical expenses; $ 1

2,000 for pain and suffering; $ 12,000 for physical disability; and $ 6,000 for mental anxiety, according to documents.

Wok put forward a number of arguments on appeal, including that the restaurant owed Mr. Calderon no obligation under Texas law "because the evidence showed that the wet floor was open and obvious and Calderon fully understood and appreciated the risk of walking on the floor while it was wet," the documents show.

The Court of Appeal ruled that the restaurant is not guilty Mr. Calderon's duty "by facts and circumstances showing that it was necessary for Calderon to use the wet floor leading to the radiator and that Wok should have predicted that Calderon could not avoid it. It therefore concluded that Wok owed Mr Calderon an obligation under "necessary use" to perform its duties in an environment that the employer is required by law to ensure under the decision.


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