A 48-year-old waitress tripped and fell over an electrical cord while working at a restaurant. The cord was for an electric oven in the restaurant’s kitchen and was being replaced by two Florida-based electricians not licensed in Texas; neither electrician was a journeyman and their employer did not have a permit for the job. The Plaintiff alleged that a dangerous condition was created and that the electricians failed to warn her of it. The Plaintiff claimed that no chair, warning tape or cone were in place to warn about the cord’s exposure. She sustained a fractured fibula and torn anterior cruciate ligament, and underwent arthroscopic reconstructive surgery. The Plaintiff was left with permanent instability in her knee and forced to use a knee brace. She sought damages to cover past and future physical pain, past and future mental anguish, and past and future physical impairment. The Defendants argued that the Plaintiff was aware of the condition and failed to watch her step, and further that she could perform sedentary work following the injury. The jury found the electricians’ employer 90% negligent and the Plaintiff 10% negligent; the damages were reduced for comparative fault.
Verdict: $470,429 (reduced to $423,386)
Case name: Clay v. Bright Future Electric LLC
Court: Dallas County Court at Law No. 3, Texas