WINN DIXIE STORES, INC. v. Carroll

Smith, Judge.

Patricia Carroll filed a complaint against appellee Winn Dixie alleging that Winn Dixie’s negligence caused her personal injuries. The trial court denied Winn Dixie’s motion for summary judgment, and granted a certificate of immediate review. We granted Winn Dixie’s application for interlocutory appeal, and we now reverse.

In a “slip and fall” case, “not only must the plaintiff show that the defendant had knowledge of the presence of the foreign substance, but the plaintiff must also show that he was without knowledge of its presence. The customer must exercise ordinary care for…