Mewborn v. WINN-DIXIE STORES, INC.

Banke, Chief Judge.

Virginia Mewborn brought this action to recover damages for injuries she allegedly sustained as the result of a fall which occurred at the defendant’s store. This appeal follows the grant of the defendant’s motion for summary judgment.

The plaintiff fell when she slipped or tripped on a round disc of the type used by store personnel to separate layers of canned goods stacked for floor displays. Although she had seen this disc on the floor a few minutes earlier while shopping on the same aisle, she had forgotten about it by the time of the accident. In his deposition, the…