The mere showing of the occurrence of an injury does not create a presumption of negligence. Haskins contends that genuine issues of material fact precluded summary judgment.
Piggly wiggly macon ga trial#
The trial court granted summary judgment to Piggly Wiggly. Piggly Wiggly moved for summary judgment contending that Haskins failed to show that it had superior knowledge of the allegedly hazardous condition. According to Davis, managers checked the store for hazards periodically during the day. Davis testified that although Piggly Wiggly had no specific set times for checking the floors, Piggly Wiggly had a store policy requiring that the management and employees maintain a continuous lookout for spills, so that corrective action could be taken. According to Davis, who was familiar with store cleaning procedures, a cleaning crew cleaned the floors each night. Leroy Davis, an assistant manager, testified that he did not witness the incident and did not learn about it until the next day. She testified that the water could not be seen from a standing position and that she had to “get down” to see it. Haskins testified that had she been looking down at the floor when she slipped she would not have been able to see the water. Haskins admitted that she was very familiar with this particular store and had shopped there on numerous occasions. Haskins was able to halt her fall by grabbing a candy rack. The evidence, when viewed in a light most favorable to Haskins, the non-movant, showed that nearly immediately after entering a Piggly Wiggly store, as Haskins was proceeding between two registers, she suddenly slipped on a small puddle of water and twisted her right ankle. Enumerating two errors, Haskins appeals the summary judgment awarded to Piggly Wiggly. (“Piggly Wiggly”) to recover for personal injuries allegedly sustained in an incident occurring in a Piggly Wiggly store. d/b/a Piggly Wiggly Food Store and Bruno's Inc. Jones, Cork & Miller, Timothy Harden III, Macon, for appellee.ĭoreatha Haskins sued Piggly Wiggly Southern, Inc. Decided: January 14, 1998ĭozier, Lee, Graham & Sikes, Cheryl A.
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