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WORSHAM-FAIR v. LOWE'S FOOD STORES, INC.
Citation: 600 S.E.2d 900Docket: No. COA03-1284
Court: Court of Appeals of North Carolina; July 20, 2004; North Carolina; State Appellate Court
A slip and fall incident involving plaintiff Frances Worsham-Fair occurred at a Lowe's Food Store in Reidsville, North Carolina, on September 8, 1999. After entering the store and retrieving a shopping cart, Worsham-Fair fell while attempting to walk towards the deli, stating that her cart went one direction while she fell. She observed smashed grapes and liquid on the floor, which she assumed caused her fall, although she could not confirm how long the grapes had been there or their origin. An affidavit from another customer corroborated the presence of the smashed grapes post-accident. Worsham-Fair sustained serious injuries and filed suit on June 10, 2002, claiming negligence in the store's maintenance. The defendant denied the allegations and moved for summary judgment, which was granted by the court. Worsham-Fair appealed, arguing that there were genuine issues of material fact. The court referenced North Carolina Rule of Civil Procedure 56(c), stating that summary judgment is appropriate when no genuine issue of material fact exists. It noted that in negligence cases, summary judgment is still valid if the evidence does not support an essential element of the claim, citing the need to show that the defendant either created the hazardous condition or failed to correct it after having notice of it. In cases where an unsafe condition is caused by third parties, a plaintiff must demonstrate that the defendant had knowledge of the unsafe condition or should have reasonably known about it in time to address the danger. The mere occurrence of a slip and fall in a store does not automatically imply negligence on the store owner's part, as established in Stafford v. Food World, where res ipsa loquitur was deemed inapplicable. In Williamson v. Food Lion, the court upheld summary judgment for the defendant after a customer slipped on a grape, since the plaintiff provided no evidence regarding the grape's duration on the floor or how it arrived there. The plaintiff's lack of knowledge about the cause of her fall and reliance on speculation was deemed insufficient to establish a prima facie case for negligence, leading to the affirmation of the trial court's decision in favor of the defendant. Judges Steelman and Thornburg concurred with this decision.