Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Falls Grocery Stores and the related topic of premises liability.  For more information on premises liability see the pages on Wikipedia.

Falls Grocery Stores-Cases

1990 Winn-Dixie Stores v. Parker, 240 Va. 180, 396 S.E.2d 649.

Falls grocery stores.Plaintiff fell on bean on floor. Two minutes earlier, employee of defendant had mopped area. No evidence that defendant knew of bean or how long bean had been on floor. Duty of store is to remove within reasonable time foreign objects it should have known were present and to warn of dangerous condition unknown to plaintiff but should have been known to defendant. No evidence of breach of duty in this case.

1990 Clark v. Chapman, 238 Va. 655, 385 S.E.2d 885.

Invitee struck by large store cart. Contributory negligence not applicable because shopper does not reasonably expect to be hit by large cart in grocery store.

1984 Brill v. Safeway Stores, 227 Va. 246, 315 S.E.2d 214.

Two of defendant’s employees were walking abreast down five-foot-wide aisle when one of employees accidentally struck plaintiff, causing her to fall. Plaintiff’s evidence was sufficient to show how and why accident occurred, i.e., that employee failed to maintain reasonable lookout. Trial court erred in granting defendant’s motion to strike.

1972 Tazewell Supply Co. v. Turner, 213 Va. 93, 189 S.E.2d 347.

Plaintiff tripped and fell over box left in grocery store. Box on floor in aisle was open and obvious danger. Plaintiff did not look; sister saw box and easily avoided it. Plaintiff guilty of contributory negligence as matter of law.

1968 Taylor v. Great Atl. & Pac. Tea Co., 209 Va. 64, 161 S.E.2d 692.

Plaintiff slipped and fell on ice and water from watermelon display table in defendant’s grocery store. Question of proximate cause was one of fact for jury, not one of law for court.

1964 Miracle Mart, Inc. v. Webb, 205 Va. 449, 137 S.E.2d 887.

Defendant’s clerk led plaintiff down aisle pointing things out to her when she fell on slippery substance that she could not see because clerk in front of her. Duty to warn existed.

1964 Shiflett v. Timberlake, Inc., 205 Va. 406, 137 S.E.2d 908.

Snowy day. Floor had not been mopped of water accumulation. Dispute as to whether there was mat in place at door. Jury issue.

1962 Great Atl. & Pac. Tea Co. v. Berry, 203 Va. 913, 128 S.E.2d 311.

Plaintiff reaching for object on shelf, put right foot under shelf and fell on piece of celery. Fact that celery was dark in color is not indicative of how long it had been on floor. Failed to prove notice.

1962 Colonial Stores v. Pulley, 203 Va. 535, 125 S.E.2d 188.

Plaintiff fell on soda bottle on floor. Failed to prove notice.

1962 Great Atl. & Pac. Tea Co. v. Rosenberger, 203 Va. 378, 124 S.E.2d 26.

Plaintiff fell on pool of starch that had been knocked on floor minutes before. Condition open and obvious. Plaintiff guilty of contributory negligence as matter of law.

1961 Safeway v. Tolson, 203 Va. 13, 121 S.E.2d 751.

Falls grocery stores.Plaintiff slipped on sand or sawdust. Defendant’s evidence of cleaning procedure uncontradicted. No evidence of notice. Motion to strike granted.

1961 Gall v. Great Atl. & Pac. Tea Co., 202 Va. 835, 120 S.E.2d 378.

Falls grocery stores.Plaintiff fell in aisle of supermarket on some grapes on floor. They were visible on floor. Court correctly instructed jury on contributory negligence.

1958 Gottlieb v. Andrus, 200 Va. 114, 104 S.E.2d 743.

Falls grocery stores.Plaintiff fell over box in plain view. Contributory negligence as matter of law.