Dix v. Kroger Co

In Dix v. Kroger Co., 257 Ga. App. 19 (570 SE2d 89) (2002), the plaintiff slipped on a grape in the defendant store's produce department. Id. at 19. Less than five minutes before the accident, a store employee had inspected the area in question and found no hazards. Id. at 19-20. However, plaintiff showed that three store employees were working at a service counter some 20-25 feet away and had an unobstructed view of the area where the fall occurred. Id. Plaintiff testified that it was possible that the grape was visible on the floor. Id. at 20. Based on this evidence, we held that a material issue of fact existed as to the store's constructive knowledge of the hazard, and we therefore reversed the trial court's grant of summary judgment to the defendant store. Id. at 21-22.