Lingerfelt v. Winn-Dixie Texas, Inc.

DOOLIN, Justice:

This is a “slip-and-fall” case with a different twist. Shall the traditional “notice” requirement to storekeeper be waived in situations of negligence in the display and packaging of goods? We answer in the affirmative.

Margaret Lingerfelt (Shopper) stopped at defendant’s Guthrie store (Store) one Sunday afternoon to pick up a few items. Just inside the front door she noticed a display of strawberries, heaped high in uncovered containers. The strawberries were not covered with cellophane because Store’s wrapping machine was broken. While in a different part of the store,…