Yeaple v. Grand Union Co.

Cooper, Judge.

Appellant was injured when she fell in the produce section of appellee’s grocery store. Appellant was maneuvering her shopping cart narrowly around a display table and slipped on a piece of fruit which was squashed on the floor. Appellant’s negligence action was tried before a jury, and she appeals from the entry of judgment on the jury’s verdict in favor of appellee. In her sole enumeration of error, appellant contends the trial court erred in failing to charge on legal distraction.

“The distraction theory provides ‘ “that a plaintiff may be excused from the otherwise required…