Barbara WOODS and Anthony Woods, Appellants,
v.
WINN DIXIE STORES, INC., Appellee.
District Court of Appeal of Florida, Third District.
*711 Magill & Lewis, and R. Fred Lewis, Miami, for appellants.
Richard N. Blank, Fort Lauderdale, for appellee.
Before BASKIN, GERSTEN and GODERICH, JJ.
PER CURIAM.
Appellants, Barbara Woods and Anthony Woods, appeal a final judgment notwithstanding the verdict. We reverse.
Appellant, Anthony Woods, slipped and fell on an unidentified substance while shopping in appellee's, Winn Dixie Stores, Inc., store. Appellants sued appellee alleging negligence.
At the jury trial, the appellants described the substance as "very dirty", "trampled", "containing skid marks, scuff marks." Appellee's employee verified that the "chewed up" substance contained a scuff mark. Appellants could not say who had caused the marks.
The trial court reserved ruling on appellee's motion for directed verdict on the issue of constructive notice. The jury found appellee 75% negligent and appellant 25% negligent. The trial court set aside the jury verdict and entered judgment for appellee on its motion for directed verdict.
In determining a motion for directed verdict, the evidence, and all reasonable inferences, therefrom, must be viewed in a light most favorable to the non-moving party. See, e.g., Dania Jai Alai Palace, Inc. v. Sykes,
Constructive notice of a dangerous condition is shown by evidence that the condition existed for such a length of time that a party, exercising ordinary care, should have known of it. See, e.g., Maryland Maintenance Service, Inc. v. Palmieri,
Testimony of dirt, scuffing, or tracks in a substance generates sufficient inferences of constructive notice. See, e.g., Winn Dixie Stores, Inc. v. Guenther,
Both the appellants and appellee's employee testified to dirt, scuffs or skid marks in the substance causing appellant to fall. The jury found that appellee had constructive notice of this dangerous condition and neglected to correct it. The inferences made from the circumstantial evidence are reasonable and support the jury's verdict. Accordingly, we reverse.
Reversed and remanded for reinstatement of the jury verdict.
