Sheehan v. Roche Brothers Supermarkets, Inc.

863 N.E.2d 1276 (2007)

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Nature of the Case

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Facts

P entered a supermarket owned by D. As he was walking through the store, he slipped and fell in the front crossing aisle near the customer service counter. P suffered severe injuries, including a subdural hematoma, and was hospitalized approximately one month and spent three additional weeks in a rehabilitation facility, incurring substantial medical expenses. After falling, P observed the area where he fell and spotted the pulp of a grape on the floor. The store manager testified that he also observed the area and noticed a small piece of grape and a small amount of clear liquid next to it. All grapes in the store were packaged in individually sealed bags, easily opened by the hand, and placed in a wicker basket. The grapes were located on a tiered display table, surrounded by mats, in the produce department. P sued D. D’s motion for summary judgment was granted because P could not prove that D had actual notice or prior constructive notice of the hazardous condition that caused his fall. There was no evidence pertaining to when the grape fell, and the grape's appearance was not indicative that it had been lying on the floor long enough for D to be put on notice. P appealed.