Gold & White, Inc. v. Long, 61920
| Decision Date | 24 June 1981 |
| Docket Number | No. 61920,61920 |
| Citation | 283 S.E.2d 45,159 Ga.App. 259 |
| Court | Georgia Court of Appeals |
| Parties | GOLD & WHITE, INC. et al. v. LONG. |
Samuel A. Murray, James R. Fortune, Jr., Griffin, for appellants.
Harvey J. Kennedy, Jr., Barnesville, W. Franklin Freeman, Jr., Forsyth, for appellee.
Plaintiff was a customer in defendant's supermarket when she slipped and fell, breaking her arm. She brought this action for damages. Defendants appeal from the judgment and verdict in favor of plaintiff.
The plaintiff testified that as she was walking by the meat counter looking at the prices of meat, she turned to her right, stepped in a puddle of water on the floor, and fell. She testified that the puddle was about the size of a cup, "about three to four inches across." She testified further that "[a] lady customer saw me and she came over to help me get up, and at that time, Mr. Bill Hammock, an employee of the store in the meat department came out and said that lady has fallen and helped me get up also." Defendant James Howell, owner-manager of the store testified that water was a "pretty well used item in the ... store." Water is used to wet down produce, to wash down counters, shelves, and sometimes the floor. His testimony was that there were any number of ways that a spill could occur, and that spills were not unusual. He also testified that sometimes customers are responsible for spills and that vendors delivering milk or ice cream sometimes cause the floor to become wet. He stated that his employees had been instructed to look for and to clean up any spills they observed. Held:
An owner of land is liable to invitees for his failure to exercise ordinary care in the maintenance of his premises. Code Ann. § 105-401. However, "[s]ince there is no evidence that the defendant[s] had actual knowledge of [the water] ... on the floor, it is necessary that the plaintiff establish that the defendant[s] had constructive ... [knowledge] ... of a dangerous condition." Piggly-Wiggly Southern v. Tucker, 139 Ga.App. 873(1), 229 S.E.2d 804 (1976). Constructive knowledge on the part of the defendants may be shown where an employee of the store was in the immediate vicinity of the dangerous condition and "could have easily seen the substance and removed the hazard." Winn-Dixie Stores v. Hardy, 138 Ga.App. 342, 345, 226 S.E.2d 142 (1976). The existence of such knowledge is a matter for the jury when there is evidence from which it may be inferred. Piggly-Wiggly Southern v. Tucker, supra. We find no such evidence in this case. The plaintiff's testimony was that an employee came out after she fell and helped her up. Where he came from, we are not told. Presumably, he came from the meat department. However, we may not speculate on his...
To continue reading
Request your trial
-
Kroger Co. v. Brooks
...knowledge is a matter for the jury when there is evidence from which it may be inferred. [Cit.]" Gold & White, Inc. v. Long, 159 Ga.App. 259, 260, 283 S.E.2d 45 (1981); Piggly-Wiggly Southern v. Tucker, 139 Ga.App. 873(1), 229 S.E.2d 804 (1976). Therefore, the directed verdict and j.n.o.v. ......
-
Daniel v. John Q. Carter Enterprises, Inc.
...a length of time sufficient for knowledge of it to be imputed to the defendant.' Alterman Foods, [supra]." Gold & White, Inc. v. Long, 159 Ga.App. 259, 260, 283 S.E.2d 45 (1981). Of course, "[i]n the absence of evidence that [the defendant] conducted a reasonable inspection of the premises ......
-
Great Atlantic & Pacific Tea Co. v. Turner, 72903
...was imputable to the defendant. See, generally, Alterman Foods v. Ligon, 246 Ga. 620, 272 S.E.2d 327 (1980); Gold & White v. Long, 159 Ga.App. 259, 283 S.E.2d 45 (1981); but compare Roberts v. Wicker, 213 Ga. 352, 99 S.E.2d 84 (1957). A & P contends that Turner had equal knowledge by virtue......
-
Caree v. Revco Discount Drug Centers of Georgia, Inc.
...could infer any failure on appellee's part to exercise reasonable care to keep its store in safe condition. See Gold & White v. Long, 159 Ga.App. 259, 260, 283 S.E.2d 45 (1981); Dillon v. Grand Union Co., 167 Ga.App. 381, 382(1), 306 S.E.2d 670 (1983); Fincher v. Fox, 107 Ga.App. 695-700(2)......