RUTHIE MAE WASHINGTON, APPELLANT,
v.
PIC-N-PAY SUPERMARKET, INC., APPELLEE
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Florida appellate court reversed directed verdict in slip-and-fall case, holding that evidence of the store's handling of collard greens and the plaintiff's description of the substance created a jury question precluding summary judgment.
A directed verdict is improper when evidence regarding the defendant's produce handling practices and the plaintiff's description of the substance causing the fall creates a factual question for the jury.
[1] Evidence of a store's distinctive handling of produce that allows debris to accumulate on the floor, combined with a plaintiff's description of the substance causing a sl…
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Join FLexlaw to unlock all legal intelligenceAppellant slipped on collard green leaves while shopping in appellee's supermarket. The collard greens were handled differently from other vegetables—…
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PER CURIAM.
Appellant seeks reversal of a final judgment based upon a directed verdict in favor of appellee.
The case arose out of a slip and fall experienced by appellant while shopping in appellee’s supermarket. Among other things, appellant testified that she slipped on “[s]ome old nasty collard green leaves.” She also said they “looked like they had been there for quite awhile.” Furthermore, there was considerable evidence concerning the manner in which appellee operated the store, with particular reference to its handling of the produce, including collard greens. The collard greens were handled in a different manner from the other vegetables. They were not wrapped in saran wrap, and they were handled in such a way that the bunches were allowed to come apart and drop leaves when picked up and transported by grocery cart. The inferences to be drawn from the direct evidence regarding appellee’s operation, plus appellant’s description of the substance that caused her fall, together with the abundant circumstantial evidence, create a question of fact for the jury, precluding a directed verdict. Camina v. Parliament Insurance Co., 417 So. 2d 1093 (Fla. 3d DCA 1982); Winn Dixie Stores, Inc. v. Burse, 229 So. 2d 266 (Fla. 4th DCA 1969).
Accordingly, the judgment appealed from is reversed and the cause is remanded for a new trial.
REVERSED AND REMANDED with directions.
ANSTEAD, C.J., and DOWNEY and WALDEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Owens v. Publix Supermarkets, Inc., 802 So. 2d 315 (Fla. 2001)…11 (Fla. 4th DCA 1993) (substance that appeared to be sauerkraut was “gunky, dirty and wet and black”); Hodges v. Walsh, 553 So. 2d 221, 222 (Fla. 2d DCA 1989) (sticky substance in bowling alley had dried); Washington v. Pic-N-Pay Supermarket, Inc., 453 So. 2d 508, 509 (Fla. 4th DCA 1984) (collard green leaves were “old, nasty” and “looked like they had been there for quite a while”); Camina v. Parliament Ins. Co., 417 So. 2d 1093, 1094 (Fla. 3d DCA 1982) (ice cream was thawed, dirty, and splattered). The Th…
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Ress v. X-Tra Super Food Ctrs., Inc., 616 So. 2d 110 (Fla. 4th DCA 1993)…v. Florida Supermarkets, Inc., 610 So. 2d 528 (Fla. 3d DCA 1992) (oil spots on the floor appeared old.); Winn-Dixie Stores v. Williams, 264 So. 2d 862 (Fla. 3d DCA 1972) (sticky, dusty and dirty substance); Washington v. Pic-N-Pay Supermarket, Inc., 453 So. 2d 508 (Fla. 4th DCA 1984) (collard greens looked old and nasty); Marlowe v. Food Fair Stores of Florida, Inc., 284 So. 2d 490 (Fla. 3d DCA 1973) (black looking piece of rotten banana).…
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Owens v. Publix Supermarkets, Inc., 729 So. 2d 449 (Fla. 5th DCA 1999)…imary circumstantial evidence to show that abandoned sauerkraut on the floor on which the plaintiff slipped had been there a substantial time was its aged condition — “gunky, dirty and wet and black.” And in Washington v. Pic-N-Pay Supermarket, Inc. 453 So. 2d 508 (Fla. 4th DCA 1984), the court similarly held that a directed verdict should not have been granted for the store owner, based largely on the condition of the collard green leaves on which the plaintiff had slipped — “old, nasty, collard green leaves…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gordon v. Gordon, 417 So. 2d 1093 (Fla. 3d DCA 1982)
- Winn-Dixie Stores, Inc. v. Burse, 229 So. 2d 266 (Fla. 4th DCA 1969)
- Cuneo v. Cuneo, 229 So. 2d 266 (Fla. 4th DCA 1969)