R&S Farms Inc. d/b/a Master Care Floor Serv. v. Butler

Plaintiff failed to show that a janitorial service assumed any contractual duty to protect or warn grocery store patrons of a foreign substance on the floor of the grocery store's dairy aisle.

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While shopping at a Kroger store, Charles E. Butler slipped and fell on what he suspected was the white of a broken egg. Butler and his wife sued Kroger and R & S Farms, Inc. d/b/a Master Care Floor Service “Master Care”, which provided janitorial services at the site. Master Care moved for summary judgment, which the trial court denied. The trial court certified its order for immediate review. We granted Master Care’s application for interlocutory appeal, and this appeal followed. For reasons that follow, we reverse.

In reviewing the grant or denial of summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment.1 So viewed, the record shows that Butler went to a Kroger store at 12:40 a.m. with his two daughters. They separated in the store to shop. Butler was looking for his daughters when he slipped and fell in the dairy aisle. Before leaving the store Butler had handwritten the following statement: “Fell on eggs that had been broken. I did not see egg yolk on floor. Slipped and fell when I stepped in it.” In his deposition, Butler testified that he had slipped on “a clear substance on the floor.” According to Butler, the clear substance was egg white although he did not recall seeing any egg shells in the area. Butler testified that the egg white was separated as if the egg yolk had either been pushed or swept to the side. Butler admitted, however, that the cause of his fall was not related to any water or cleaning solutions left on the floor and was certain that it was an invisible patch of egg white located near the dairy case that caused him to fall. Butler said that he did not see anyone sweeping, scrubbing, or buffing the floor.

R&S Farms Inc. d/b/a Master Care Floor Serv. v. Butler

Plaintiff failed to show that a janitorial service assumed any contractual duty to protect or warn grocery store patrons of a foreign substance on the floor of the grocery store's dairy aisle.

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