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Barich v. Cracker Barrel Old Country Store Inc.

An unidentified waitress's alleged remark after plaintiff slipped that something must have fallen off her tray was inadmissible hearsay.

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Mathilda Barich appeals from the trial court’s grant of summary judgment in favor of defendant Cracker Barrel Old Country Store in this slip-and-fall case. Because there is no competent evidence that Cracker Barrel had actual or constructive knowledge of the alleged hazard, we affirm.

Barich went to eat dinner at a Cracker Barrel restaurant, along with her daughter, Cheryl Menosky, her son-in-law, Tom Menosky, and her granddaughter, Katie. Hostess Tina Merrill led the family to a table. Merrill was followed by Cheryl and Katie, then Barich, then Tom. As Barich walked toward the table, a waitress crossed in front of her “to go over to the kitchen or wherever they take their dirty dishes.” After the waitress passed, Barich slipped and fell on the floor.

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