WINN DIXIE STORES, INC. v. GAINES

Nos. 87-0431, 87-2338.

542 So.2d 432 (1989)

WINN DIXIE STORES, INC., Appellant/Cross Appellee, v. Doris GAINES, Appellee/Cross Appellant.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 26, 1989.


Attorney(s) appearing for the Case

Richard N. Blank of Richard N. Blank, P.A., Fort Lauderdale, for appellant/cross appellee.

David Wm. Boone of Boone & Davis, P.A., Atlanta, Ga., for appellee/cross appellant.


HERSEY, Chief Judge.

This is an appeal from a plaintiff's verdict in a slip and fall case. At issue is whether the defendant, Winn Dixie, was entitled to a directed verdict.

Doris Gaines slipped and fell in a Winn Dixie store. Testimony established that shortly after the fall dried beans and rice were found on the floor near the spot where the accident occurred. There was no testimony as to who caused the loose beans and rice to be on the floor or how long...

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