Hill v. Winn Dixie Texas, Inc.

OPINION ON DENIAL OF APPLICATION FOR WRIT OF ERROR

MAUZY, Justice.

At issue is whether the submission of an unavoidable accident instruction was proper under the circumstances of this case. We hold that it was not, but that its submission did not constitute reversible error.

Kerry Hill slipped and fell on a cookie while inside a Winn Dixie store. At the time of Hill’s fall, an employee of Winn Dixie was stocking shelves approximately six to eight feet from where Hill fell. The stocker remained in the area for fifteen to thirty minutes prior to the accident and saw no other customers walk up the…