Williams v. Safeway Stores, Inc.

• Decision Date: 16 October 1973
• Docket Number: No. 45628,45628
• Citation: 515 P.2d 223
• Parties: Tanya Jean WILLIAMS, Appellee, v. SAFEWAY STORES, INCORPORATED, a foreign corporation, and Roy Coppock, Appellants.
• Court: Oklahoma Supreme Court

Page 223

515 P.2d 223

Tanya Jean WILLIAMS, Appellee, v. SAFEWAY STORES, INCORPORATED, a foreign corporation, and Roy Coppock, Appellants.

No. 45628.

Supreme Court of Oklahoma.

Oct. 16, 1973.

Jack B. Sellers, Sapulpa, for appellee.

Thomas R. Brett, Jones, Givens, Brett, Gotcher & Doyle, Tulsa, for appellants.

BERRY, Justice:

Tanya Jean Williams (plaintiff) brought this action against Safeway Store's, Inc., and Roy Coppock, manager of Safeway's Crystal City store, for injuries allegedly sustained when she slipped in a puddle of water in the store and fell. The jury returned a verdict for plaintiff in the amount of $30,000.00, the trial court entered judgment accordingly, and defendants appeal.

Defendants first contend the trial court erred in overruling their demurrer to the evidence and motion for directed verdict. In passing upon a demurrer to the evidence, or motion for directed verdict, the court must consider as true all evidence favorable to the party against whom the motion is directed, together with all inferences reasonably to be drawn therefrom, and must disregard all conflicting evidence favorable to the movant. Condo v. Beal, Okl., 424 P.2d 48.

A storekeeper owes customers the duty to exercise ordinary care to keep aisles and other parts of the premises ordinarily used by customers in transacting business in a reasonably safe condition, and to warn customers of dangerous conditions upon the premises which are known, or which should reasonably be known to the storekeeper, but not to customers. Safeway Stores v. Whitehead, 190 Okl. 464, 124 P.2d 194; Safeway Stores, Inc. v. Keef, Okl., 416 P.2d 892. Knowledge of the dangerous condition will be imputed to the storekeeper if he knew of the dangerous condition, or if it existed for such time it was his duty to know of it, or if the condition was created by him, or by his employees acting within the scope of their employment. Chase v. Parry, Okl., 326 P.2d 809; Sooner Foods, Inc. v. Eggleston, Okl., 412 P.2d 621.

Here plaintiff alleged the water in which she slipped accumulated on the floor due to defendants' negligent operation and maintenance of a refrigerated produce case. Defendants contend the evidence was insufficient to support an inference they negligently operated and maintained the produce case, or the water in which plaintiff slipped came from the produce case, and that plaintiff was therefore required to show the water was placed on the floor by the store or its employees, or the water was on the floor long enough defendants could be held to have constructive notice of it, and plaintiff failed to do so.

The evidence indicates plaintiff knocked some onions from a gondola, picked them up and slipped in the water and fell while returning to the gondola. However, there is a conflict in the evidence concerning the size and location of the puddle and the actions of the store's employees with reference to the puddle after plaintiff fell.

Gregory Williams, plaintiff's brother-in-law at the time of the accident, testified the puddle was 3 1/2 feet wide at the base of a produce case located across the aisle from the onion gondola, it extended into the aisle tapering off to 1 foot in width, and after the accident the manager asked some employees to place white towels or aprons at the base of the produce case.

Plaintiff testified the puddle extended into the aisle and its widest edge was against the base of the produce case.

Gladys Bryant testified she saw plaintiff fall, and saw a puddle about the size of her hand near the onion gondola, but did not make a detailed inspection.

Defendant Coppock, manager of the store, testified the produce case was 48 feet long and was divided into four 12 foot sections with a drain under each section, each section was cleaned out every 8 weeks, two or three times a year a drain would stop up causing water to flow into the aisle, and when this occurred cloth would be placed along the base of the case to prevent water from seeping into the aisle.

Mr. McDaris, assistant manager of the store, testified every 5 or 6 months vegetable debris would stop up a drain under the produce case causing water to leak into the aisle, the drains were working properly on the day of the accident, he inspected the area 15 minutes before the accident and saw no water, and after the accident he saw a spot of water about the size of a silver dollar.

Mr. Simms, an employee at the store, testified he saw no water when he walked through the area 15 minutes before the accident, after the accident he saw a puddle 1/8th of an inch wide and two inches long near the onion gondola, and that drains under the produce case would stop up occasionally, but were not stopped up on the day of the accident.

We conclude the jury could reasonably have inferred the drains under the produce case occasionally stopped up causing water to flow into the aisle, defendants were aware of this fact, and, in light of the testimony concerning the size and location of the puddle, it was more likely the water in which plaintiff slipped came from a stopped up drain under the produce case than any other cause. The jury could then have found that in the exercise of ordinary care defendants should have taken some action to prevent water from running onto the aisle on occasions when a drain did stop up.

However, defendants argue the uncontradicted evidence introduced at this trial indicates drains under the produce case were not stopped up on the day of the accident.

In Mazda Oil Corp. v. Gauley, Okl., 290 P.2d 143, we held in paragraph 2 of the syllabus:

'An inference which may be reasonably drawn from circumstantial evidence is proof and does not fade away in the light of positive proof to the contrary.' Therefore, we conclude this contention is without merit.

Defendants next contend the trial court erred in overruling their motion for a mistrial on the ground plaintiff's counsel extracted mention of insurance during voir dire of the jury. This occurred when a juror stated his son had been involved in an automobile accident which was settled out of court in his favor. Plaintiff's attorney...