Winn-Dixie Store No. 1501 v. Brown

This is a "slip and fall" case.

The dispositive issue is whether the evidence produced on behalf of the plaintiff, Daisy Brown, was sufficient to support the trial court's finding of negligence on the part of the defendant, Winn-Dixie. We find such evidence was insufficient and that the plaintiff failed to prove a prima facie case of negligence. Therefore the judgment below must be reversed.

In slip and fall cases, as in all negligence cases, the plaintiff had the burden of establishing by the evidence the negligence of the defendant. 15 Ala.Dig., Negligence, Key No. 121.1 (8). The evidence of…