McNeely v. Wal-Mart Stores, Inc.

Eldridge, Judge.

Lestine L. McNeely and William R McNeely sued Wal-Mart Stores, Inc. for the slip and fall of Mrs. McNeely on April 26, 1997, in its Cornelia store just outside of the McDonald’s located therein. Mrs. McNeely fell in a pool of clear liquid. Wal-Mart performed safety sweeps two to four times per day where the employee checks the area where he or she worked; however, no such sweep had been performed within a reasonable time to inspect prior to the fall, giving rise to a jury issue as to constructive notice.

The key to Wal-Mart’s defense was an off-day employee eyewitness, whose…