Susan Bradley sued Winn-Dixie Stores, Inc. for injuries that she sustained when she slipped and fell in one of its grocery stores. To prove that Winn-Dixie had constructive knowledge of the hazard on which she slipped, Bradley pointed to her own testimony that a Winn-Dixie employee was in the immediate vicinity of the hazard at the time of her fall. The court below found, however, that Bradley had given contradictory testimony about this employee, and applying the rule set out in Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 343 SE2d 680 1986, the court viewed this testimony in a light unfavorable to Bradley. So viewed, the court concluded that Bradley was without evidence to prove constructive knowledge, and it awarded summary judgment to Winn-Dixie. Bradley appeals, and we reverse the judgment below. Viewed in the light most favorable to Bradley,1 the record shows that on the afternoon of February 17, 2008, Bradley shopped at a Winn-Dixie store in Glynn County. As she walked along the rear aisle of the store, she stepped into a puddle of liquid,2 which covered a large area of the floor.3 When she tried to step out of the puddle, she slipped and fell, injuring her lower back, and perhaps her neck and head, as a result. Bradley remained on the floor for a few moments, and when no one came to assist her, she stood up herself and approached a nearby Winn-Dixie employee.
At the time of her fall, according to Bradley, this Winn-Dixie employee was “right there,” only a few feet from the area in which Bradley fell.4 The employee was stocking a cooler, facing Bradley, and standing in a place from which the employee could have seen Bradley fall.5 The employee, however, apparently did not acknowledge Bradley or come to her aid when she fell. So, after Bradley stood up herself, she immediately went to the employee and reported that she had slipped and fallen in the puddle on the floor. In response, Bradley said, the employee began “freaking” and exclaimed: “Oh Lordy, oh Lordy, oh Lordy” The employee then went behind a nearby meat counter, telephoned the store manager, and reported that “a woman back here fell.” The store manager spoke with Bradley and asked if she needed medical assistance. Bradley replied that she did, but she had to go and pick up her granddaughter. Bradley then left the store, and she later sought treatment at a local medical clinic. Bradley subsequently sued Winn-Dixie, alleging that it negligently failed to keep its premises safe for shoppers.
