Thomas F. Mullen, Jr. v. Winn-Dixie Stores, Inc.

In this action for personal injury, judgment for the defendant non obstante veredicto was entered after a verdict for the plaintiff. This appeal followed.

While shopping in one of the defendant’s grocery stores in Greenville, South Carolina, the plaintiff slipped and fell. No one could state the cause of the fall, but the plaintiff and his companions observed a few mashed grapes, still on their stems, and two or three folded paper bags on the floor at the approximate place of his fall. The area was adjacent to counters upon which oranges and grapes were displayed. There was testimony that the…