Turner v. Winn-Dixie Food Stores, Inc.

PETERSON, Judge.

Rosemond Turner appeals from a summary judgment granted to Winn-Dixie Stores, Inc. in her action for damages for the injuries she suffered when she allegedly stepped into a pothole in a parking lot serving customers of Winn-Dixie Food Stores, Inc. (Winn-Dixie). We reverse after concluding that the record shows an issue of fact as to whether Winn-Dixie had prior constructive knowledge of the alleged defect in Winn-Dixie’s parking lot.

According to Ms. Turner, on November 21, 1990, she parked her four door car in a striped parking space provided for customers of the store. After…