Correa v. Woodman's Food MarketAnnotate this Case
In this personal injury action, the Supreme Court held that a plaintiff need not prove the exact moment the unsafe condition commenced so long as the evidence is sufficient to prove it existed long enough to give the defendant constructive notice of its presence.
Plaintiff slipped on an unknown substance at Woodman's Food Market, causing him to fall and suffer injuries. Plaintiff sued Woodman's, alleging that the substance caused an unsafe condition and that Woodman's had constructive notice of its existence. During trial, Plaintiff introduced a security camera video showing the part of the store where he slipped and fell, but there was no evidence showing when the substance was deposited on the floor. The jury entered a verdict in favor of Plaintiff. The court of appeals reversed, holding that Plaintiff's motion for a directed verdict should have been granted because the evidence provided no indication of how long the hazard existed on Woodman's floor. The Supreme Court reversed, holding that the evidence was sufficient to permit an inference that the substance had been on Woodman's floor for at least ninety minutes, and therefore, the circuit court could reasonably conclude that there was some evidence to sustain Plaintiff's cause of action with respect to constructive notice.