Waters v. Winn-Dixie Stores, Inc.

This is a “slip and fall” case which has been appealed by the plaintiffs, husband and wife, from a final order of involuntary non-suit entered at the close of plaintiffs’ evidence after the trial judge indicated that he would grant the defendant’s motion for directed verdicts. The plaintiff-wife sought damages for personal injuries resulting from her fall. The husband’s suit was on his derivative claim for expenses incurred and loss of consortium due to his wife’s injuries.

Plaintiffs J. H. and Ettie Lee Waters were shopping in the defendant’s grocery store. As they approached a checkout…