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DILALLO v. WINN-DIXIE STORES, INC.

No. 71-868.

267 So.2d 843 (1972)

Eunice DILALLO and Arthur Dilallo, Her Husband, Appellants, v. WINN-DIXIE STORES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 14, 1972.

Attorney(s) appearing for the Case

Martin James Schwartz, of Schwartz & Schwartz, Miami, for appellants.

W.M. O'Bryan and Robert D. McIntosh, of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee.

PER CURIAM.

Affirmed.

WALDEN and OWEN, JJ., concur.

MAGER, J., dissents.

MAGER, Judge (dissenting):

In my view there was sufficient evidence from which a jury could infer that the defendant knew or should have known of the existence of the slippery substance which was alleged to have caused plaintiff to slip while shopping in defendant's store. The fact that plaintiff offered no direct proof as to how long the greenery had been on the...

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