![]() ![]() "An owner/occupier of premises has a duty to keep those premises safe for its invitees. The trial court denied Piggly Wiggly's motion for summary judgment, finding that genuine issues of material fact remain for jury resolution. about inspecting the aisles for water or other substances on the floor." " about two hours earlier and that he then saw "water on the floor in the produce section." James Hampton explained that the "produce man" would routinely drop "chunks of ice" on the floor as he transported it to the fruit and vegetable trays and that, "uring the time worked at the Piggly Wiggly Store, on more than a few occasions seen water on the floor that has remained there for long periods of time." James Hampton said the store manager "never any specific instructions. ![]() Former Piggly Wiggly employee James Hampton, who was employed as a "bag boy" there at the time of the fall, explained (in his affidavit) that "the produce man would usually have to make several trips from the ice maker to the produce counter in order to fill the area under the tray." James Hampton said that he observed "the produce man icing down the produce counter. While on the floor, Margaret Brown saw a store employee in a nearby storeroom shoveling ice from an ice machine into a container. She slipped in a puddle of water about the size of a dinner plate. While pivoting into the turn, however, Margaret Brown lost control and crashed hard into the potato display. what stuff on each aisle" and started to turn down the aisle toward the soup. Upon approaching the row of shelving which faces or borders the produce section, Margaret Brown saw " little sign up there saying. After entering the store, Margaret Brown walked through a long bank of cash registers and veered right toward a table of potatoes in the produce section. Josephine Moore waited in the car while Brown went in to purchase a can of soup. On the morning of September 14, 1991, Margaret Brown and her sister, Josephine Moore, drove to Piggly Wiggly's grocery store in Hawkinsville, Georgia. Piggly Wiggly denied the material allegations of the complaint and filed a motion *389 for summary judgment, arguing that Margaret Brown's admission that she could have seen the water (had she been looking for it) constitutes conclusive proof that Brown's own carelessness was the sole proximate cause of her alleged injuries. Margaret Brown brought an action against Piggly Wiggly Southern Corporation ("Piggly Wiggly") for damages she allegedly sustained when she slipped and fell in a small puddle of water in Piggly Wiggly's grocery store. *388 Jones, Cork & Miller, Timothy Harden III, W. Order Denying Reconsideration December 20, 1995.
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