Gourges v. Schwegmann Bros. Giant Super Markets, Inc.

GULOTTA, Judge.

Defendant appeals from a judgment in favor of Mrs. Gloria Gourges for injuries she sustained in a fall while shopping in defendant’s supermarket. We affirm.

Schwegmann contends that permitting an empty (except for two small packages), flat stock cart, 6 feet long, 2V2 feet to 3 feet wide and 18 inches off the floor, with a metal handle rising 4 feet at one end, to be left unattended for approximately 10 minutes and parked against a display shelf is not negligence. Also, according to defendants, inattention of plaintiff resulting in her failure to see the cart located within a…