Abes v. Publix Supermarkets, Inc.

Abes, a customer in Publix, tripped over a large cardboard carton containing watermelons, which was placed on a wooden *710pallet in an aisle of the store. The pallet extended four inches out from the bottom of the carton and had gaps between the boards. Abes testified that she wasn’t looking for the box, she was looking for the potatoes when she tripped and fell. The trial court granted Publix’ motion for summary judgment citing Frederich’s Market v. Knox, 66 So.2d 251 (Fla.1953). Abes appeals and we reverse.

The case upon which the trial court relied was decided in 1953 at a time when…