Weaver v. KFC Mgmt Inc

In Weaver v. KFC Mgmt Inc., 750 S.W.2d 24, 26 (Tex. App.--Dallas 1988, writ denied), the plaintiff was cutting across the restaurant's parking lot on his way to the drugstore when he fell on some chicken grease that covered an area approximately ten feet wide. Id. Mr. Weaver testified that the grease would have been seen by the restaurant employees, that it was a yellow/white color on the black asphalt, and that it would have been visible to anybody. Id. at 27. However, prior to falling, he had not seen it, although he was looking at the ground when he was walking. Id. The Court in Weaver held that this evidence established that the hazard was easily perceptible, relieving the restaurant's duty to warn. Id.