Losing v. Food Lion, Inc.

I disagree with the majority.

No witness claims to have seen the accident at issue. The plaintiff testified that he was alone in the back room of his employer's store sorting through damaged merchandise left near the trash compactor, and, "[T]he next thing I knew, I was sitting on the floor, and there was just stars going everywhere in my eyes." Looking around, he discovered a long metal rail on the floor near him and another leaning up against the wall near a ladder and he believes that the one on the floor fell, striking him in the head. He also told one of his treating physicians that he…