As part of his job duties for the defendant, the plaintiff slipped while mopping up the bathroom floor of the defendant's facility and injured himself. The defendant did not participate in the state's workers' compensation system (the state, TX, is the only state with a voluntary workers' compensation system for non-ag employment). The premises "defect" was open and obvious to the plaintiff. By opting out of the workers' compensation system, the defendant could not assert contributory negligence or assumption of risk as a defense. The legal question presented was whether the defendant breached any duty of care to the plaintiff. The U.S. Court of Appeals for the Fifth Circuit certified this question to the TX Supreme Court which determined that because there was no contention that the employee was unaware of the hazard involved and no other exception applied, the defendant was entitled to summary judgment. However, the TX Supreme Court clarified that the premises liability claim was independent of the plaintiff's "necessary instrumentalities" claim and that the defendant owed the plaintiff duties in addition to the premises liability duty. Because the trial court did not consider whether the defendant provided the plaintiff with the necessary instrumentalities of his employment, the court remanded on that issue, but affirmed on the premises liability claim. Austin v. Kroger Texas L.P., No. 12-10772, 2015 U.S. App. LEXIS 15312 (5th Cir. Aug. 28, 2015).