Giant Food Stores, Inc. v. Ida M. Fine

The defendant (appellant) appeals from a judgment entered by the District Court on a jury verdict for injuries sustained by the plaintiff (appellee) when she fell in appellant’s store. The case was submitted to the jury on two theories: first, that appellant was negligent in using soap to clean its terrazzo floor, thereby allegedly creating a slippery film; and, secondly, that appellant negligently mopped the floor and left it damp and slippery at the place where appellee fell.

We think the case must be reversed because it should not have been submitted to the jury on the first of these two…