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Lamar v. All Am. Quality Foods Inc.

The trial court erred in failing to respond to the jury's question during deliberation asking for the meaning of the term "constructive knowledge" in a slip and fall case.

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Joyce H. Lamar slipped, fell and was injured in one of the appellee’s stores. Lamar and her husband collectively “Lamar” brought suit and alleged that the appellee “knew or should have known” that the floor was wet and in a hazardous condition at the place where Lamar fell. Following a trial at which the defense did not put on any evidence, a jury returned a verdict in favor of the appellee. Lamar now appeals the denial of her motion for new trial contending the trial court erred by refusing to charge the jury on the law of constructive knowledge and by failing to respond to the jury’s question regarding the meaning of the term “constructive knowledge.”

Lamar presented evidence at trial to show that while shopping and pushing a cart at a Food Depot operated by All American Quality Foods, Inc., Lamar turned right into aisle 10 at a place where the aisle ran both to her left and right. As she entered the aisle and turned to the right she saw Food Depot employees working to her left in the same aisle, as well as other customers nearby. Immediately thereafter, while she was looking up toward paper products located on the top shelf, she slipped and landed on her right knee but fell backward causing severe pain and injury. Lamar was not looking at the floor, did not see anything on the floor before her fall, and did not know what caused her fall, but the clothing on her back was “a lot wet” after she fell.

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