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McDonald v. West Point Food Mart Inc.

The defendant convenience store's failure to protect the plaintiff from tripping over an item temporarily placed on the floor by a customer behind her in the checkout line was not a breach of its duty of ordinary care.

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Faye McDonald sued West Point Food Mart, Inc. alleging that injuries she suffered when she tripped and fell in a West Point-operated convenience store were proximately caused by West Point’s failure to exercise ordinary care pursuant to OCGA § 51-3-1 to keep the store premises safe for her as an invited customer. The trial court granted summary judgment in favor of West Point, and McDonald appeals. For the following reasons, we affirm.

McDonald went to the convenience store nearly every day to buy lottery tickets. This time the store was crowded and she stood in the checkout line with other customers for about ten minutes to arrive at the sales counter to buy the tickets. She bought the tickets from the cashier at the sales counter and then turned from the counter to exit the store. According to McDonald, when she turned from the counter, I stepped back, my foot got hung on something, and I fell. McDonald did not look down and did not see what caught her foot. But another customer in the store at the time saw what happened and provided the following statement by affidavit:

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