Willard Joye v. The Great Atlantic and Pacific Tea Company

CRAVEN, Circuit Judge:

Willard Joye slipped and fell on a banana in defendant’s A & P supermarket. In his diversity suit in the district court the jury returned a verdict for him in the amount of $10,000 and defendant appeals. We reverse because we are unable to find in the record sufficient evidence 1 to present a jury issue as to constructive notice to defendant of a dangerous condition. Without such notice, in the context of the case, and under South Carolina law which we must apply, the district court should have granted defendant’s Rule 50(b) motion for judgment n. o. v.

Joye came to…