Simmons v. Winn-Dixie Greenville, Inc.

Chandler, Acting Associate Justice:

Patricia A. Simmons (Simmons) appeals Circuit Court’s grant of Summary Judgment to Respondent (Winn-Dixie) in her action alleging Winn-Dixie’s negligent maintenance of its grocery store.

FACTS

Simmons sustained injuries after slipping and falling on a grape in the check-out area of Winn-Dixie’s grocery store. Winn-Dixie markets its grapes by two methods: (1) the grapes are prepackaged, or (2) the grapes are displayed openly, allowing customers to hand-select and place the grapes in plastic bags. The record failed to establish (1) which method of marketing was…