Wilson v. J. Wade Quinn Co., Inc.

• Court: Arkansas Supreme Court
• Writing for the Court: NEWBERN
• Citation: Wilson v. J. Wade Quinn Co., Inc., 952 S.W.2d 167, 330 Ark. 306 (Ark. 1997)
• Decision Date: 23 October 1997
• Docket Number: No. 97-344,97-344
• Parties: Floyd WILSON, Appellant, v. J. WADE QUINN CO., INC., Appellee.

Page 167

952 S.W.2d 167

330 Ark. 306

Floyd WILSON, Appellant, v. J. WADE QUINN CO., INC., Appellee.

No. 97-344.

Supreme Court of Arkansas.

Oct. 23, 1997.

W. Scott Davidson, Jonesboro, for Appellant.

P. Sanders Huckabee, Jonesboro, for Appellee.

NEWBERN, Justice.

This is a slip-and-fall case. Floyd Wilson alleged he fell down in a Jr. Foods Store ("the store"), operated by J. Wade Quinn Company, Inc. ("Quinn Co."). He alleged that he slipped on a foreign substance on the floor, fell into a soft-drink display, and sustained injuries. We are asked to review a summary judgment in favor of Quinn Co. We hold that summary judgment was improperly granted as conflicting affidavits left a genuine issue of material fact. Ark. R. Civ. Pro. 56(c).

Mr. Wilson alleged his fall was due to slipping on a liquid substance and mashed food particles. In support of its summary-judgment motion, Quinn Co. produced the affidavit of Christopher Ramsey, the store's assistant manager. Mr. Ramsey stated that, after hearing a noise near the soft-drink display, he went to investigate. He did not see anyone there; however, Mr. Wilson came out of the restroom and informed Mr. Ramsey that he fell on a french fry but was fine. He inspected the area where Mr. Wilson allegedly fell, but he did not see and was not made aware of a french fry, foreign substance, or anything slippery in the area. He said that, to the best of his knowledge, a store employee did not place any foreign matter in or near the area where Mr. Wilson fell. No employee had been made aware of the existence of any foreign matter in this area nor had any employee been asked to remove any such matter. Mr. Ramsey said his duties included checking the floor for food, spilled drinks, debris, and other foreign matter. Employees are trained to watch for and clean up any such matters on the floor, and the floors are cleaned on an hourly basis. He said that, approximately thirty minutes before Mr. Wilson fell, the area where he fell was cleaned and that the store did not serve french fries on the day in question.

In his counter-affidavit Mr. Wilson stated that there was a "dirty looking liquid" mixed with food particles on the floor that "looked like it had been walked through for quite some time." The substance spread over nearly four feet, approximately the width of the aisle. After being helped up by an unidentified person, he went into the bathroom to stop his chin from bleeding. Mr. Wilson stated that when he left the restroom, a store employee asked him if he would be alright, and that the employee then turned to another employee and said, "I thought you cleaned that up." Mr. Wilson also stated that the store employees had a clear view of the aisles from their usual position at the cash register behind the counter. He said that he was not warned of a substance on the floor, and there were no barriers or signs preventing him from walking down the aisle where the substance was allegedly on the floor. He was using crutches at the time of the fall and the employees were present when he wiped the substance from the floor off of his crutch.

Summary judgment should be granted only when it is clear that there is no genuine issue of material fact to be litigated. Kelley v. National Union Fire Ins. Co., 327 Ark. 329, 937 S.W.2d 660 (1997). A summary judgment should not be granted when reasonable minds could differ as to the conclusions they could draw from the facts presented. Brunt v. Food 4 Less, Inc., 318 Ark. 427, 885 S.W.2d 894 (1994). The burden of proving there is no genuine issue of material fact is upon the movant, and all proof submitted must be viewed favorably to the party resisting the motion. Wyatt v. St. Paul Fire & Marine Ins., 315 Ark. 547, 868 S.W.2d 505 (1994). Any doubts and inferences must be resolved against the moving party. Kelley v. National Union Fire Ins. Co., 327 Ark. 329, 937 S.W.2d 660 (1997). When the movant makes a prima facie showing of entitlement, the respondent must meet proof with proof by showing a genuine issue of material fact. Brunt v. Food 4 Less, Inc., 318 Ark. 427, 885 S.W.2d 894 (1994).

A property owner has a duty to exercise ordinary care to maintain the premises in a reasonably safe condition for the benefit of invitees. Kelley v. National Union Fire Ins. Co., 327 Ark. at 335, 937 S.W.2d...