Nourse v. Food Lion, Inc.

Judge John

dissenting.

I respectfully dissent.

Plaintiff in her deposition testimony stated she had “no idea” how long the grapes had been on the store floor and that she did not know where they came from or how they or the water got on the floor. She also indicated she had no knowledge that any employees of defendant were aware of water or grapes on the floor where she fell. Defendant’s evidence in no way provided this information, and defendant thus carried its summary judgment burden of demonstrating the absence of an essential element of plaintiff’s claim, i.e., actual or constructive notice…