Bouyer v. Buddies' Supermarkets

OPINION

MASSEY, Chief Justice.

This appeal is from a take nothing judgment based upon the trial court having instructed the jury to return a verdict for defendant in a “slip and fall case”.

We affirm.

The event in question occurred in defendant Buddies Supermarkets “help yourself” grocery store, and at or near the display case where tomatoes were to be found. These tomatoes were on a display shelf which was in the form of a ramp, with the slope thereof to the outer rim. There was no evidence of the condition immediately prior to the time plaintiff Mary Ann Bouyer stepped on a tomato which was on…