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Wood v. Winn Dixie Stores Inc.

Evidence that plaintiff had used the grocery store's concrete ramp without incident three times a week for 30 years in all kinds of weather barred her recovery of damages for her slip and fall injury.

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Early one chilly, drizzly morning, Lois Wood stepped onto the painted concrete entrance ramp fronting a Winn-Dixie store, slipped, and fell, injuring her right hand. Mrs. Wood sued Winn-Dixie as well as NationsBank Corporation, which owns and maintains the property upon which the store is situated. The defendants moved for summary judgment. After conducting oral argument, the trial court issued a one-sentence order granting the motion. Mrs. Wood appeals. Held:

Robinson v. Kroger Company, 268 Ga. 735 493 SE2d 403, sets forth a two-part test for determining whether an invitee can recover damages in a slip-and-fall claim. First, an invitee must prove that the defendant had actual or constructive knowledge of the hazard. Second, a plaintiff must prove that, despite the exercise of ordinary care, plaintiff lacked knowledge of the hazard due to actions or conditions within the owner/occupier’s control.1

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