Inglett v. Winn Dixie, Greenville, Inc.

• Decision Date: 12 September 1983
• Docket Number: No. 66491,66491
• Citation: 308 S.E.2d 587,168 Ga.App. 192
• Parties: INGLETT v. WINN DIXIE, GREENVILLE, INC.
• Court: Georgia Court of Appeals

Page 587

308 S.E.2d 587

168 Ga.App. 192

INGLETT v. WINN DIXIE, GREENVILLE, INC.

No. 66491.

Court of Appeals of Georgia.

Sept. 12, 1983.

Rehearing Denied Sept. 28, 1983.

Victor C. Hawk, Augusta, for appellant.

Gould B. Hagler, Augusta, for appellee.

BIRDSONG, Judge.

Slip and Fall. Blanche Inglett was a regular customer of a particular grocery store owned and operated by Winn Dixie. Mrs. Inglett lived three doors down the street from the parking lot of the Winn Dixie store. Over several years preceding the incident in question, Mrs. Inglett had walked from her home through an area at the side of the store and thence into the store. After her shopping, she customarily carried her groceries or pushed a grocery cart back up the side area and on to her home. Either employees of the store or she would then return the cart to the store.

The store customarily used two adjacent areas to unload grocery supplies. At the rear of the store was an area used to unload produce. The area to the side of the store (that used by Mrs. Inglett to gain access to the store) was used to unload the heavier grocery supplies such as canned goods and boxed material. It was customary for the trailer making the delivery to be uncoupled from the tractor and the trailer left in the side area for as much as a day or two while it was being unloaded. Over the years the metal wheels of the trailers had gouged two holes in the macadam. The store personnel were aware of these holes but had taken no steps to fill them in with new asphalt or other filler. The store personnel also were aware that cars parked in this unloading area and that customers walked through the area to get to the store and back to their cars. Mrs. Inglett testified that she knew the location of these two holes and had seen them on many occasions. She even described how the trucks would park while unloading so that one hole would be filled when a truck or trailer was present. Apparently she had walked past the holes with loaded grocery baskets on many occasions.

On the night of the incident in question, Mrs. Inglett was driven to the store by her husband and let out at the front. She completed her shopping and her basket was filled, with some bags stacked on top of each other. When she left the store, she looked for her husband and noted that he was parked at the end of a row of cars in the area to the side of the store. She pushed the basket toward the car. As she approached the car, she realized that the area was somewhat dark. Because the basket was double-stacked with bags, she could not see immediately in front of the basket. Inadvertently, the basket's front wheel ran into one of the holes, causing the basket to tilt. When she attempted to stop the basket from overturning, it fell upon her, pinning her beneath it, causing abrasions and injuries to her ankle and knee or leg.

Contending that Winn Dixie owed a duty to her as an invitee to keep its premises in a reasonably safe condition; that Winn Dixie knew for over two years that the holes were in an area frequently used by its customers; that a Winn Dixie employee double-stacked her basket; and the side area was not as well lighted as it should have been, Mrs. Inglett brought suit against Winn Dixie for her injuries. Countering that Mrs. Inglett had an equal knowledge of the unsafe conditions and that she had assumed any risk in the use of the side area, Winn Dixie moved for directed verdict at the conclusion of the evidence. The trial court granted the motion for directed verdict and Mrs. Inglett brings this appeal thereto. Held:

Certain basic principles are clear. The owner of premises has the duty to keep them in a safe condition for invitees. Burger Barn v. Young, 131 Ga.App. 828, 829, 207 S.E.2d 234. However, an owner is not an insurer of an invitee's safety. Watson v. C & S...