Doroff v. Food Fair Stores, Miami Beach, Inc.

HENDRY, Chief Judge.

This is an appeal of a summary final judgment in favor of the defendants in a negligence action.

A husband and wife sued the defendants, a supermarket and a soda bottler, for injuries incurred by the wife while she was shopping in the supermarket. The complaint alleged, inter alia, that due to improper stacking or negligent design of the containers, several bottles of soda toppled from the soda display in the supermarket resulting in the wife being cut by flying glass.

At the hearing on defendants’ motions for summary judgment the trial judge considered the pleadings and…