J.H. Harvey Co. v. Johnson

Decision Date02 February 1994
Docket NumberNo. A94A0190,A94A0190
Citation440 S.E.2d 548,211 Ga.App. 809
PartiesJ.H. HARVEY COMPANY v. JOHNSON.
CourtGeorgia Court of Appeals

Young, Clyatt, Turner, Thagard & Hoffman, James B. Thagard, Sherry S. Harrell, Valdosta, for appellant.

Beauchamp & Associates, William Eckhardt, Albany, for appellee.

BLACKBURN, Judge.

The appellee, Sharon Johnson, slipped and fell to the floor in a puddle of water which allegedly accumulated from coolers defrosting in a supermarket owned and operated by the appellant, J.H. Harvey Company (Harvey). Johnson testified on deposition that there were no employees of Harvey's Supermarket in the vicinity at the time of her fall and she did not know of any employee with knowledge of the hazard at the time of the fall. In this action for damages against Harvey arising from the injuries Johnson sustained in the fall, Harvey moved for summary judgment, and the motion was denied by the trial court. We granted Harvey's interlocutory application to determine whether summary adjudication was warranted.

"In order to establish a proprietor's liability for a slip and fall attributable to a foreign substance on the floor, the plaintiff must show (1) that the defendant had actual or constructive knowledge of a foreign substance and (2) that the plaintiff was without knowledge of the substance or for some reason attributable to the defendant was prevented from discovering the foreign substance. Alterman Foods v. Ligon, 246 Ga. 620, 623, 272 S.E.2d 327 (1980)." Lea v. American Home Equities, 210 Ga.App. 214, 215, 435 S.E.2d 734 (1992). "Constructive knowledge may be inferred where there is evidence that an employee of the owner was in the immediate vicinity of the dangerous condition and could easily have noticed and removed the hazard. Liability based on constructive knowledge may also be established by showing that the owner failed to exercise reasonable care in inspecting the premises...." (Citations and punctuation omitted.) Thompson v. Regency Mall Assoc., 209 Ga.App. 1, 3, 432 S.E.2d 230 (1993).

In the case sub judice, although management had knowledge of the periodic defrosting of the meat cooler, the record does not show that any employee or manager of the supermarket had actual knowledge of the alleged water leakage onto the floor prior to Johnson's fall. Inasmuch as the evidence of record appears to be sufficient to show that Harvey lacked actual knowledge of the hazard and no employee of the supermarket was in the immediate vicinity at the time of the fall, our inquiry must focus on whether Harvey has effectively negated Johnson's allegation that it failed to reasonably inspect its premises for the safety of invitees.

A manager testified on deposition that the store regularly and routinely inspected the floor in the area of the fall every day. In fact, the produce clerk specifically assigned to inspect the floor in the area of Johnson's fall testified by affidavit that he inspected the area 30 minutes prior to Johnson's fall and if there had been any foreign substance in the area at the time, he would have seen the substance and removed it. "[W]here there is evidence showing that a reasonable inspection and/or cleaning procedure is in place and had been followed, normally no actionable constructive knowledge can be charged to the proprietor. [Cits.]" Morris v. Ryan's Family Steak Houses, 206 Ga.App. 369, 425 S.E.2d 362 (1992). Consequently, we must conclude that Harvey was entitled to summary judgment as a matter of law because the record does not show that the supermarket had actual or constructive knowledge of the hazard.

Moreover, "not only must the plaintiff show that the...

To continue reading

Request your trial
19 cases
  • Robinson v. Kroger Co.
    • United States
    • Georgia Supreme Court
    • December 3, 1997
    ...Ga.App. 234, 441 S.E.2d 432 (1994); Minor v. Super Discount Markets, 211 Ga.App. 123, 438 S.E.2d 384 (1993); J.H. Harvey Co. v. Johnson, 211 Ga.App. 809, 440 S.E.2d 548 (1994); Foodmax v. Terry, 210 Ga.App. 511, 436 S.E.2d 725 (1993); Jester v. Ingles, 206 Ga.App. 327, 425 S.E.2d 323 (1992)......
  • JH Harvey Co. v. Reddick
    • United States
    • Georgia Court of Appeals
    • September 27, 1999
    ...than merely show that Harvey's employees had a general knowledge that a hazardous condition might exist. See J.H. Harvey Co. v. Johnson, 211 Ga.App. 809, 810, 440 S.E.2d 548 (1994) ("although management had knowledge of the periodic defrosting of the meat cooler, the record does not show th......
  • Adams v. Sears, Roebuck & Co.
    • United States
    • Georgia Court of Appeals
    • July 16, 1997
    ...e.g., Jenkins v. Bi-Lo, supra, Robinson v. Kroger Co., supra, Baker v. Winn Dixie Stores, supra (green beans), J.H. Harvey Co. v. Johnson, 211 Ga.App. 809, 440 S.E.2d 548 (1994), Foodmax v. Terry, 210 Ga.App. 511, 436 S.E.2d 725 (1993), Morris v. Ryan's Family Steak Houses, 206 Ga.App. 369,......
  • Piggly Wiggly Southern, Inc. v. Brown
    • United States
    • Georgia Court of Appeals
    • December 5, 1995
    ...and avoid hazards in plain view. Vermont American Corp. v. Day, 217 Ga.App. 65, 66, 456 S.E.2d 618 (1995); J.H. Harvey Co. v. Johnson, 211 Ga.App. 809, 811, 440 S.E.2d 548 (1994); Yeaple v. Grand Union Co., 207 Ga.App. 15, 16, 427 S.E.2d 13 (1992); Sinclair v. Orozco, 205 Ga.App. 498, 499, ......
  • Request a trial to view additional results
1 books & journal articles
  • Torts - Cynthia Trimboli Adams and Charles R. Adams, Iii
    • United States
    • Mercer University School of Law Mercer Law Reviews No. 46-1, September 1994
    • Invalid date
    ...437 S.E.2d 832 (1993) (15 minutes); A.B.C. Drug Co. v. Sweat, 209 Ga. App. 25, 432 S.E.2d 627 (1993) (same); J.H. Harvey Co. v. Johnson, 211 Ga. App. 809, 440 S.E.2d 548 (1994) (30 minutes), and Horn v. Foodmax, Inc., 210 Ga. App. 506, 437 S.E.2d 336 (1993) (floors inspected every three to ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT