A Texas restaurant must pay damages to a cook who slipped and fell on a wet floor, an appeals court in Texas ruled Wednesday in affirming a trial court’s decision to award the worker $103,429 in damages in a premises liability lawsuit.

Edwin Calderon was working at Wok This Way when he fell on his way to get soup from a cooler to prepare for a customer, causing immediate pain to his head and neck and leading 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 in San Antonio.

As Texas is an opt-out state that does not require employers to carry workers compensation insurance, Mr. Calderon sued Wok, alleging negligent activity and premises liability. Wok moved for summary judgment on both claims, according to records.

The trial court granted Wok summary judgment on the negligent activity claim, dismissing it with prejudice, but held a bench trial on the premises liability claim that resulted in a judgment in favor of Mr. Calderon. His award included $73,429.94 for past medical expenses; $12,000 for pain and suffering; $12,000 for physical impairment; and $6,000 for mental anguish, according to documents.

Wok made a number of arguments on appeal, including that the restaurant owed Mr. Calderon no duty under Texas law “because the evidence showed that the wet floor was open and obvious and Calderon understood and fully appreciated the risk of walking on the floor while it was wet,” documents state.

The appeals court ruled that the restaurant does owe Mr. Calderon duty “in that the facts and circumstances demonstrate that it was necessary for Calderon to use the wet floor leading to the cooler and that Wok should have anticipated that Calderon was unable to avoid it.” It therefore concluded that Wok owed Mr. Calderon a duty under “necessary-use” in order to perform his job functions in an environment that the employer by law must make safe, according to the ruling.