The U.S. 5th Circuit Court of Appeals on Friday withdrew its decision from last September addressing whether a grocery store worker could sue his non-subscribing employer in tort for injuries he suffered in a workplace fall. In its new decision, the 5th Circuit asked the Texas Supreme Court to weigh in on whether an employee's awareness of a dangerous condition at his workplace eliminates his employer's obligation to provide him with a safe place to work. The case was Austin v. Kroger Texas, No. 12-10772.Randy Austin slipped and fell while mopping water that had flooded the b...
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