VERNIA WILLIAMS V MEIJER INC
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STATE OF MICHIGAN
COURT OF APPEALS
VERNIA WILLIAMS,
UNPUBLISHED
January 13, 1998
Plaintiff-Appellant,
v
MEIJER, INC, d/b/a MEIJER THRIFTY ACRES,
No. 197072
Wayne Circuit Court
LC No. 95-528821 NO
Defendant-Appellee.
Before: Gage, P.J., and Murphy and Reilly, JJ.
MEMORANDUM.
Plaintiff appeals as of right from the summary dismissal of her negligence action pursuant to
MCR 2.116(C)(10). We affirm. This case is being decided without oral argument pursuant to MCR
7.214(E).
A shopkeeper’s liability for injuries caused on its premises is summarized as follows:
“It is the duty of a storekeeper to provide reasonably safe aisles for customers and he is
liable for injury resulting from an unsafe condition either caused by the active negligence
of himself and his employees or, if otherwise caused, where known to the storekeeper
or is of such character or has existed a sufficient length of time that he should have
knowledge of it.” [Serinto v Borman Food Stores, 380 Mich 637, 640-641; 158
NW2d 485 (1968), reh den 9/25/68, quoting Carpenter v Herpolsheimer’s Co, 278
Mich 697; 271 NW 575 (1937) (emphasis deleted). See also Berryman v K-mart
Corp, 193 Mich App 88, 92; 483 NW2d 642 (1992).]
Plaintiff presented no evidence that contradicted defendant’s employee’s statement that the floor
was clean and dry when she left the restroom at 1:55 p.m., particularly where plaintiff did not see any
water or muddy foot prints on the restroom floor when she entered the room. Because the employee’s
statement remains uncontradicted and because plaintiff did not testify that the floor was wet when she
entered the restroom, the logical inference is that the dangerous condition was caused by an unknown
third party. Accordingly, viewing the record evidence, and all inferences that may be drawn from it, in a
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light most favorable to plaintiff, reasonable jurors could not honestly have reached differing conclusions
with regard to whether defendant’s employee created the condition that caused plaintiff’s fall. Serinto,
380 Mich 640-641; Hunt v Freeman, 217 Mich App 92, 98-99; 550 NW2d 817 (1996).
Moreover, because the employee left the restroom at 1:55 p.m., at which time the floor was dry
and clean, and because plaintiff’s fall occurred between 1:55 p.m. and 2 p.m., at which time the floor
was wet and muddy, reasonable jurors could not have honestly reached differing conclusions with
regard to whether the dangerous condition existed for sufficient time that defendant should have had
notice of it. Serinto, supra, 640-641; Hunt, supra, 98-99. Viewing the record evidence, and all
inferences that may be drawn from it, in a light most favorable to plaintiff, the dangerous condition did
not exist for sufficient time to place defendant on notice of the condition.
Affirmed.
/s/ Hilda R. Gage
/s/ William B. Murphy
/s/ Maureen Pulte Reilly
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