Thomas Brookie v. Winn-Dixie Stores, Inc. and The Lewis Bear Company

In this premises-liability case we address the issue of whether summary judgment may be granted when the injured party observed the condition but failed to step around the easily avoidable obstacle. We hold that the trial court properly granted summary judgment, because as a matter of law Appellees owed no duty to warn Appellant, and properly discharged their duty to exercise ordinary care to maintain the premises in a reasonably safe condition.

Appellant went to Winn-Dixie to make a purchase and get empty boxes. During his visit, Appellant made a total of four trips into and out of the store.…