Ritter v. Meijer, Inc

In Ritter v. Meijer, Inc, 128 Mich App 783; 341 NW2d 220 (1983), the plaintiff slipped and fell on a grape that was on the floor of the defendant's produce department. The Court affirmed the trial court's denial of summary disposition to the defendant, finding that an issue of fact existed whether the defendant had actual or constructive notice of the slippery condition given the evidence that the grape had previously been stepped on. The Court found the defendant's contention that it was possible for the grape to be dropped on the floor and stepped on immediately prior to the plaintiff's fall to be "pure conjecture." Id. at 786-787. The grape in that case was on the floor of the defendant's produce department, which the defendant had a duty to inspect regularly for such foreseeable things as fallen fruit or wet spots. As the Court stated, id. at 786: "A stomped upon grape is sufficient evidence to prove constructive notice of a slippery condition."