HomeMy WebLinkAbout1570 ALLMAN V. WINN-DIXIE, INC.
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instructed a bag boy to go to the back of the store and clean up
the mess. The sound of breaking glass put the Defendant, through
its store manager, on notice that a dangerous condition existed -
somewhere in the store. If the store manager had reacted immedi-
ately, rather than delaying, the injury to Mr. Allman might have
been avoided.
In the Kroner case, Supra, the object over which the plaintiff
tripped wa~ not a part of the usual equipment of the store and had
no connection with the operation of the store, therefore, there
was nothing to put the store on notice that a dangerous condition
existed. In the present case, the sound of break ing glass immed i-
ately put the Defendant on notice of a possible dangerous condition
in the store. The Court finds the delay of the store manager to
act immediately to correct the condition was negligence. Five
minutes was a sufficient time for the store's employees to locate
and eliminate the dangerous condition resulting from the broken
bottle . ' -
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~ Defendant's Motion to Set Aside Verdict and for Judgment ;
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¢ Non Abstanto Verdicto be and the same is hereby denied.
DONE AND ORDERED at Fort Pierce, St. Lucie County, Florida,
this 2nd day of October, A.D., 1974.
CIRCUIT JUDGE
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Copies furnished to: st.~uc;r 4JVMir F:A. L
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~ CtE=:'. 'L;~Ut' ..CUliT
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Errol S. Willes, Esq. '~r
~ L. A. O'Lau hlin, Es
yh Attorneysgfor Plaintiff ~i 3 $ 52
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~ George H. Moss, Esq. ~
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~ Attorne~~ for Defendant
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