Bates v. Winn-Dixie Supermarkets, Inc., WINN-DIXIE
| Decision Date | 14 January 1966 |
| Docket Number | WINN-DIXIE,No. 5528,5528 |
| Citation | 182 So.2d 309 |
| Parties | Guy G. BATES, Appellant, v.SUPERMARKETS, INC., a Florida corporation, and Kwik Chek Supermarkets, Inc., a Florida corporation, Appellees. |
| Court | Florida District Court of Appeals |
Guy N. Perenich, of Muscarella & Perenich, Tampa, for appellant.
John W. Boult, of Shackleford, Farrior, Stallings, Glos & Evans, Tampa, for appellees.
Appellant, who was the plaintiff in the trial court, brings this appeal from an order granting a final summary judgment in favor of appellees, defendants below.
Plaintiff, Guy G. Bates, brought an action against defendants alleging that he slipped and fell on a banana peel while shopping in one of defendants' supermarkets. Plaintiff alleged that he was pushing one of defendants' shopping carts, following the basic shopping pattern, and had entered the southern-most aisle when he slipped on a banana peel and fell. At the end of the spot where plaintiff's shoe slid across the floor there was found an old black banana peel. The place where plaintiff fell was not near or adjacent to defendants' usual produce counter. Plaintiff alleged that the peeling had been on the floor long enough for defendants' employees to have known of or discovered its presence, and that defendants were negligent in not correcting the dangerous condition thus created. Defendants filed their answer and defenses and moved for a summary judgment after taking depositions.
The trial court granted defendants' motion for a summary judgment on the basis that the pleadings, depositions and admissions showed no genuine issue of material fact since the plaintiff could not show how long the peeling had been on the floor and was therefore precluded from recovery against the defendants.
The record before us fails to show evidence as to how long the banana peel had been on the floor. The peeling itself was described by the deponents, which included the plaintiff, as 'dark,' 'over ripe,' 'black,' 'old,' and 'nasty looking.' The courts in Florida have followed the general rule in slip and fall cases which is set forth by the Supreme Court in Food Fair Stores of Florida, Inc. v. Patty, 109 So.2d 5, at page 6 (Fla.1959) where the Court said:
* * *'
There is no evidence before us to show that the banana peel was on the floor through the negligence of any of defendants' employees nor that it...
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Owens v. Publix Supermarkets, Inc.
...decisions have precluded the jury from resolving the issue of constructive notice. For example, in Bates v. Winn-Dixie Supermarkets, Inc., 182 So.2d 309, 310 (Fla. 2d DCA 1966), the case relied upon by both the Owens and Soriano majorities, the plaintiff slipped on a banana peel and the onl......
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Burwell v. Easton Memorial Hosp.
...and remedied by the storekeeper. 62A Am.Jur.2d Premises Liability § 593, at 157 (1990). See, e.g., Bates v. Winn-Dixie Supermarkets, Inc., 182 So.2d 309, 311 (Fla.App.1966), cert. denied, 188 So.2d 813 (Fla.1966) (fact that banana peel causing fall was black did not warrant an inference tha......
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Winn-Dixie Stores, Inc. v. Mazzie, WINN-DIXIE
...542 So.2d 432 (Fla. 4th DCA 1989); Publix Super Markets, Inc. v. Schmidt, 509 So.2d 977 (Fla. 4th DCA 1987); Bates v. Winn-Dixie Supermarkets, Inc., 182 So.2d 309 (Fla. 2d DCA), cert. denied, 188 So.2d 813 (Fla.1966); Lewis v. Rogers, 164 So.2d 864 (Fla. 1st DCA), cert. denied, 170 So.2d 59......
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Soriano v. B & B Cash Grocery Stores, Inc.
...So.2d 730, 733 (Fla.1961); Publix Super Markets, Inc. v. Schmidt, 509 So.2d 977, 978 (Fla. 4th DCA 1987). In Bates v. Winn-Dixie Supermarkets, Inc., 182 So.2d 309 (Fla. 2d DCA 1966), the plaintiff slipped on a banana peel which he described as "dark," "overripe," "black," "old," and "nasty ......