Johnnie Ruth Moore appeals the order of the superior court granting summary judgment on behalf of defendant, Winn-Dixie Stores, Inc., in a slip and fall suit. Held,-.
1. The applicable summary judgment standard is that of
Lau’s Corp. v. Haskins,
2. Appellant Moore asserts that she slipped and fell on water and strawberries on appellee Winn-Dixie’s floor, and that a Winn-Dixie employee was in the immediate vicinity when she fell. There exists no evidence of actual knowledge on the part of appellee as to the presence of any foreign substance on its floor; appellant, however, asserts appellee had constructive knowledge of the foreign substance and failed to take prompt and proper corrective action.
(a) It is uncontroverted that appellee’s produce department manager inspected the aisle and floor area where appellant fell approximately five to ten minutes prior to the incident; the floor was clean, dry, and free of any foreign substance at that time. Appellant, however, contends that a jury issue is created merely because an employee pushed a cart filled with unwrapped produce down the aisle where appellant fell only one or two minutes before the incident. “ ‘(A)n inference cannot be based upon evidence which is too uncertain or speculative or which raises merely a conjecture or possibility.’ ”
Derry v. Clements,
(b) Appellant testified that she was shopping and looking around,
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picking up groceries, and the next thing she knew she fell; when she fell she was getting potatoes and was “just looking at the potatoes” and putting them in the buggy. Compare the facts of
Chaves v. Kroger,
Judgment affirmed.