Joye v. Great Atlantic And Pacific Tea Co. U.S.Ct. Of App.,

405 F.2d 464 (4th Cir. 1968)

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Nature of the Case

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Facts

Joye (P) was injured when he slipped and fell on a banana in A&P's (D) supermarket. There was no evidence that D put the banana on the floor or that D had actual notice of its presence. Circumstantial evidence showed that the floor may not have been swept for as long as 35 minutes. No one saw the banana until after P fell on it. The banana was described as dark brown in color, having dirt and sand on it. There was dirt on the floor, and the banana was sticky around the edges. The court found that D had constructive notice that the banana was on the floor and that D was negligent in leaving it there. P was awarded $10,000. The court denied D’s motion for judgment n.o.v. D appealed; it did not have constructive notice of the banana's being on the floor.