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Shepherd v. Winn Dixie Stores Inc.

Store manager's affidavit did not prove store's reasonable inspection procedure, since it was not apparent that he had personal knowledge that the store followed the procedure on the day plaintiff fell.

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Rosemary Shepherd appeals the trial court’s order granting summary judgment to Winn Dixie Stores, Inc., in her slip and fall action. After conducting oral argument on Winn Dixie’s motion, the trial court issued a one-sentence order granting the motion for summary judgment. Because we find genuine issues of material fact remain with respect to Winn Dixie’s constructive knowledge of the hazard and Shepherd’s exercise of reasonable care for her own safety, we reverse.

On July 14, 1997, Shepherd entered a Winn Dixie supermarket in Tifton, Georgia and walked to the back of the store. She then returned to the front of the store to get a shopping cart. As she was going through the produce section, she slipped and fell in a four-inch wide puddle of water with small pieces of ice in it located next to a display of fruits and salads packed in ice. Shepherd testified that there were no Winn Dixie employees in the area before she fell, but a store employee did see her while she was still on the floor. She does not claim that anyone actually saw her fall.

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