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Hall v. Bruno's Inc.

A jury question remained as to whether a reasonable inspection procedure was in place and followed at defendant's grocery store on the day that plaintiff slipped and fell on grapes in the produce section.

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James Hall slipped and fell while shopping at Bruno’s, Inc., d/b/a Foodmax, and was injured. He brought suit and now appeals from entry of summary judgment against him.

Hall testified that he was shopping in the produce department at 5:00 or 6:00 p.m. on a Sunday afternoon accompanied by his fiancee, Dorothy Delgaudio. There were no employees in the area at the time. After about ten minutes in that department, and just after examining some tomatoes, Hall turned and walked toward Delgaudio, looking at her as he did. He was exercising caution at the time. Nevertheless, he slipped and fell backwards striking his head and body on the floor. After he fell he saw that he had slipped on grapes that looked old and dirty. Delgaudio heard and saw the fall. She saw the grapes after the fall and explained that they were old looking and dark and discolored. As he lay on the floor waiting for the ambulance to arrive, Hall heard a female employee named Isabel say several times, “Sunday is the only day we don’t have anybody to work in the produce department. Kids drop things on the floor all the time when they grab at something to eat.” Delgaudio remembers Isabel saying essentially the same thing. She also saw Isabel pick up the grapes and put them in a plastic bag. Another customer was in the area at the time of the fall.

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