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Roberson v. Winn-Dixie Atlanta Inc.

The plaintiff failed to show that the defendant had actual or constructive knowledge of the grapes she allegedly slipped on in the store's produce section.

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Priscilla Roberson brought suit against Winn-Dixie Atlanta, Inc. to recover damages for personal injuries she incurred when she slipped and fell in a Winn-Dixie Store in Decatur. The trial court granted summary judgment to Winn-Dixie, and Roberson brings this appeal. In three enumerations of error, she contends the trial court should have denied the motion for summary judgment because genuine issues of material facts remain for jury consideration, particularly as to Winn-Dixie’s constructive knowledge of a foreign object on the floor that caused her to fall. We do not agree, and we affirm the grant of summary judgment.

The evidence of record shows that Roberson visited the store to purchase milk and watermelon. After picking up the milk, she walked to the produce department looking for watermelon. She did not see it on display, but she observed a store employee emerging from the doors leading to the back room in the produce department. She was walking toward this employee when she slipped and fell. She testified on her deposition that this employee was not “close” to her and that he was closer to the doors than to her. According to Roberson, this employee came over to her after she fell, helped her up, and “reached down and scooped up some kind of substance” from the floor. She asked him what it was she had fallen on, and he told her it was “grapes.” Roberson called the manager and told him that the employee told her she had slipped on grapes, and the manager told her he would put the incident “on record.”

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