FLORIDA JITNEY JUNGLE STORES, INC., A CORPORATION, AND GLOBE INDEMNITY COMPANY, APPELLANTS,
v.
DOROTHY I. MONTGOMERY AND ELBERT MONTGOMERY, APPELLEES
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Jitney Jungle Stores and its insurer appeal a jury verdict awarding $18,000 in damages for a slip-and-fall injury at the grocery store. The appellate court reverses, holding that the plaintiff failed to present sufficient evidence of negligence on the part of the store.
The appellate court held that the evidence was insufficient to support a jury verdict of negligence. The court concluded that the facts that leaves were found on the floor and that the floor had been swept and inspected shortly before the fall did not permit the jury to infer that employees dropped the leaves, knew of their presence, or should have discovered them.
[1] A grocery store is not liable for a slip and fall caused by produce on the floor if there is no evidence that an employee dropped the produce or that it had been on the f…
[2] Evidence that a store aisle was swept shortly before a customer's fall and that another employee was in the vicinity shortly before the fall without observing any foreign…
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Join FLexlaw to unlock all legal intelligence“there was no evidence from which a jury could lawfully conclude that the collard leaf or leaves were on the floor because they were dropped by an employee or that an employee knew they were there before appellee fell or that they had been there so long that an employee should have known they were there”
Articulates the legal standard for negligence liability in slip-and-fall cases; establishes that mere presence of a hazardous condition is insufficient without proof of employee fault or knowledge
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Join FLexlaw to unlock all legal intelligenceMrs. Montgomery fell near a table of fresh collard greens in the defendant's grocery store after being in the store approximately 15 minutes. Upon fal…
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The defendants-appellants appeal a final judgment entered upon a jury verdict awarding plaintiffs-appellees $18,000.00 in damages sustained as a result of a fall in appellant’s grocery store. It is contended by appellants that their motions for a directed verdict should have been granted inasmuch as there was no evidence from which a jury could conclude that negligence on the part of appellant caused ap-pellee’s fall.
This cause of action arises out of a typical slip and fall incident occurring while appellees were shopping in appellant’s Jitney Jungle Store. Appellees had been in the store about fifteen minutes before Mrs. Montgomery slipped and fell near the table containing fresh collard greens. She had previously been to that table, selected some *33collard greens, returned them to her shopping cart, had gone after some other items and was returning to the section near the collard green table where she fell. Mr. Montgomery walked over to Mrs. Montgomery when she fell and found some collard leaf on her shoe and a black mark on the floor. He stated that he saw several wilted collard leaves lying on the floor.
Two store employees testified. One employee testified that within five or six minutes before the fall occurred, he had swept the produce aisle with a large, dry mop. The other employee testified that he had been in the aisle where the fall occurred two or three minutes before the fall checking the stock on the shelves. He saw no leaves or other foreign material on the floor and he had standing instructions to pick up any foreign material that he saw on the floor.
Appellants contend that their motions for a directed verdict should have been granted for the reason that there was no evidence from which the jury could lawfully conclude that the collard leaf or leaves were on the floor because they were dropped by an employee or that an employee knew they were there before appellee fell or that they had been there so long that an employee should have known they were there. As authority for this position, appellants cite the following cases: Food Fair Stores of Florida, Inc. v. Patty, 109 So.2d 5 (Fla.1959); Food Fair Stores, Inc. v. Trusell, 131 So.2d 730 (Fla.1961): Winn-Dixie Stores, Inc. v. Manning, 143 So.2d 339 (Fla.App.2nd, 1962); Lewis v. Rogers, 164 So.2d 864 (Fla.App.lst, 1964); Bates v. Winn-Dixie Supermarkets, Inc., 182 So.2d 309 (Fla.App.2nd, 1966).
We must agree. The cases cited by ap-pellees are not applicable to the present factual situation. Here, there was evidence that the immediate floor area had been swept by an employee within five to ten minutes before the fall and that, only two to three minutes before the fall, another employee had been in the vicinity of the fall and had not seen any foreign material on the floor. And, there were other customers in the store at the time of the accident. The fact that Mr. Montgomery testified that the skidmark was black and that there were other “wilted” leaves lying on the floor does not change the result in this case, for to let it do so would be to engage in “mental gymnastics.” The color and condition of the collard leaves does not alone show that they had been dropped on the floor by an employee nor that they had been there a sufficient length of time to permit discovery by store employees. Food Fair Stores, Inc. v. Trusell, supra; Bates v. Winn-Dixie Supermarkets, Inc., supra.
For the reasons set forth above, the judgment appealed herein is reversed and the trial judge is directed to enter a judgment in favor of appellants.
Reversed.
SPECTOR, C. J., and WIGGINTON, J., concur.
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Montgomery v. Fla. Jitney Jungle Stores, Inc., 281 So. 2d 302 (Fla. 1973)…BOYD, Justice. This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, First District, reported at 267 So. 2d 32. Our jurisdiction is based upon conflict between the decision sought to be reviewed and Jenkins v. Brackin,1 and Little v. Publix Supermarkets, Inc.2 The facts of the case are as follows: Plaintiff, petitioner herein, slipped on a collard leaf on t…
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Owens v. Publix Supermarkets, Inc., 729 So. 2d 449 (Fla. 5th DCA 1999)…t could have embraced the Bates ’ impermissible inference-on-an-inference logic but significantly, it did not. The First District had used that premise in its opinion, but the supreme court reversed. Florida Jitney Jungle Stores, Inc. v. Montgomery, 267 So. 2d 32 (Fla. 1st DCA 1972), quashed by 281 So. 2d 302 (Fla.1973). The first district noted; The fact that Mr. Montgomery testified that ... there were other wilted leaves lying on the floor does not change the result in this case, for to let it do so woul…
Authorities Cited
- Food Fair Stores, Inc. v. Phoebe C. Trusell et vir, 131 So. 2d 730 (Fla. 1961)
- Food Fair Stores OF Fla., Inc. v. Patty, 109 So. 2d 5 (Fla. 1959)
- Bates v. Winn-Dixie Supermarkets, Inc., 182 So. 2d 309 (Fla. 2d DCA 1966)
- Cape COD Tr. Co. v. Wixon, 143 So. 2d 339 (Fla. 2d DCA 1962)
- Winn-Dixie Stores, Inc. v. Manning, 143 So. 2d 339 (Fla. 2d DCA 1962)
- Lewis v. Rogers, 164 So. 2d 864 (Fla. 1st DCA 1964)