Perito v. Sunrise Supermarket Corp.

I concur in the reversal directed by the majority but would go furthér and dismiss the complaint for failure of proof. In my opinion there was not even a scintilla of evidence of negligence on defendant’s part. The reasoning of the majority that the doctrine of res ipsa loquitur governs in the situation. here present is unacceptable. The material facts are as follows:

Plaintiff, a housewife, went to the self-service supermarket operated by defendant Sunrise at East Meadow on Friday, September 5,1958 at 1:00 p.m. for the purpose of doing her week-end shopping. She had been there for about 20…