Mazur v. Food Giant, Inc.

Pope, Judge.

Plaintiff appeals the trial court’s grant of summary judgment to defendant in a slip and fall case. Plaintiff’s complaint alleges he slipped on frozen vegetables which had fallen to the floor from a bag in a frozen food display case. Testimony of defendant’s employee established the vegetables had partially thawed and water, not ice, was found on the floor where plaintiff fell. Nevertheless, said employee and the manager of the store both walked past the display case only ten to fifteen minutes prior to plaintiff’s fall and saw no foreign matter on the floor.

1. If the only issue…