Brookshire Brothers to pay $1.3 million in slip-and-fall lawsuit

A jury has returned one of the largest verdicts of its kind in Orange County, Texas.

A woman in Orange County has been awarded $1.325 million by a jury after she slipped and fell at a Brookshire Brothers grocery store while shopping for ice cream on Memorial Day weekend in 2020.

Jurors in the trial heard evidence that the store had recurring issues with leaking freezers dating back as far as August 2019, according to a release by Brasher Law Firm, which represented Huelsman. She was shopping when she slipped on a puddle near the ice cream freezers which caused her to fall and suffer serious injuries. 

Huelsman broke her kneecap in the fall and had to undergo two surgeries. She was in a brace for several months, couldn't drive and needed help bathing, dressing and doing basic chores. Huelsman was 70 at the time of the incident and otherwise in good health. 

Throughout the trial, Brookshire Brothers denied any responsibility for the accident, blaming the flip-flops that Huelsman was wearing at the time. At trial, Huelsman's attorneys suggested apportioning 20% responsibility on her.

After a three-day trial, the jury attributed 70% responsibility to Brookshire Brothers and 30% to the victim. The Brasher Law team representing Huelsman asked the jury for $1.154 million in closing arguments. It received $1.325 million in a unanimous vote. 

The case is Cheryl Huelsman v. Brookshire Brothers, Inc., Cause No. A200196-C, in the 128th Judicial District Court of Orange County, Texas. It was the first civil jury trial tried to verdict in the 128th Judicial District Court since the pandemic began. 

Lufkin, Texas-based Brookshire Brothers has more than 100 grocery stores, 16 express stores, a central distribution center, 72 pharmacies, 87 fueling stations, four coffee shops and two event venues.