Cleghorn v. WINN DIXIE STORES, INC.

Judge Harold R. Banke.

Frank Cleghorn sued Winn Dixie Stores, Inc. to recover for injuries allegedly sustained in a slip and fall in the frozen food department. Cleghorn appeals the summary judgment awarded to Winn Dixie.

A Winn Dixie employee, Mike Singletary, was using an oxygen acetylene welding torch to repair a leak in a freezer. Before Singletary commenced work, he placed four yellow wet floor cones and four shopping carts to cordon off about a fifteen-foot work area. Cleghorn noticed an employee working on the cooler with a torch and heard a noise that sounded like welding. Despite…