OPAL C. GRIZZARD AND WARNER L. GRIZZARD, APPELLANTS (PLAINTIFFS),
v.
COLONIAL STORES, INC., D/B/A BIG STAR FOODS, APPELLEE (DEFENDANT)
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence was sufficient to charge the defendant grocery store with constructive knowledge of a foreign substance on the floor, thus raising a jury issue as to negligence.
A shopper slipped and fell on a substance identified as partially frozen, partially liquified orange juice concentrate in a grocery store. A partially…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Jury Issue cases and more on FLexlaw
MILLS, Judge.
The question raised by this appeal is whether the trial court erred in directing a verdict in favor of the defendant in a slip and fall case.
While shopping in the Big Star grocery store, Mrs. Grizzard slipped in a foreign substance on the floor, fell, and injured herself.
Mrs. Grizzard does not contend that the substance was placed on the floor by an agent or servant of Big Star. To hold Big Star liable for her injuries, Mrs. Grizzard must prove that the substance on the floor existed for a sufficient length of time to charge Big Star with constructive knowlege. This may be proved by circumstantial evidence. Winn Dixie Stores, Inc. v. Williams, 264 So. 2d 862 (Fla.App.3d, 1972).
The foreign substance in which Mrs. Grizzard slipped was identified as partially frozen, partially liquified orange juice concentrate. A partially opened can of orange juice concentrate which was partially frozen and partially liquified was found in a nearby freezer after the fall. A jury could find that the substance on the floor was there long enough to partially thaw. A jury could further find that the frozen concentrate was on the floor for a sufficient time to constitute notice. The manager-trainee made an inspection of the area where Mrs. Grizzard fell several minutes before her fall. But this is not to say that the substance could not have been on the floor and not seen by the manager-trainee. The color of the floor was similar to the color of the concentrate.
We consider the evidence sufficient to charge Big Star with constructive knowledge of the condition. Therefore, a jury issue is raised as to Big Star’s negligence.
The final judgment for the defendant is reversed and set aside, and this case is remanded for a trial on all issues.
BOYER, C. J., and McCORD, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
-
Trevino O. Haynes v. L.F. Lloyd, 533 So. 2d 944 (Fla. 5th DCA 1988)…dangerous condition, there must be some facts alleged to establish the period of time that the condition complained of existed, in order to demonstrate what opportunity the landlord had to discover the defect. In Grizzard v. Colonial Stores, Inc., 330 So. 2d 768 (Fla. 1st DCA 1976), the court stated that in a premises liability case, not involving actual knowledge on the part of the defendant, the plaintiff "must prove that the substance on the floor existed for a sufficient length of time to charge [the de…
-
R.B. Brooks and Cynthia Brooks v. Phillip Watts Enters., Inc., 560 So. 2d 339 (Fla. 1st DCA 1990)…So. 2d 74 (Fla. 3d DCA 1990); Nance v. Winn Dixie Stores, Inc., 436 So. 2d 1075, 1076 (Fla. 3d DCA 1983), review denied, 447 So. 2d 889 (Fla.1984). Constructive notice may be established by circumstantial evidence, Grizzard v. Colonial Stores, Inc., 330 So. 2d 768, 769 (Fla. 1st DCA 1976), (1) by showing that the dangerous condition existed for such a length of time that in the exercise of ordinary care, the defendant should have known of the condition, Grizzard, 330 So. 2d at 769; Maryland Maintenance v. Pal…
-
Teate v. Winn-Dixie Stores, Inc., 524 So. 2d 1060 (Fla. 3d DCA 1988)…the floor for a sufficient length of time to charge Winn-Dixie with constructive knowledge. This may be proved by circumstantial evidence. Schmidt v. Bowl America Florida, Inc., 358 So. 2d 1385 (Fla. 4th DCA 1978); Grizzard v. Colonial Stores, Inc., 330 So. 2d 768 (Fla. 1st DCA 1976); Winn Dixie Stores, Inc. v. Williams, 264 So. 2d 862 (Fla. 3d DCA 1972). In addition to showing that no employee had cleaned the area for fifteen to twenty minutes before the fall, Teate presented evidence that there was some w…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Winn Dixie Stores, Inc. v. Williams, 264 So. 2d 862 (Fla. 3d DCA 1972)