Negri v. Stop & Shop, Inc. – Case Brief
Negri v. Stop & Shop, Inc., 65 N.Y. 2d 625, 491 N.Y.S. 2d 151, 480 N.E. 2d 740 (1985).
Subject Matter: Appeal of a slip-and-fall personal injury case.
Facts: Negri (P) slipped and hit her head on the floor in a Stop and Shop (D) grocery store. There were broken jars of “dirty and messy” baby food nearby. A witness had not heard any jars break in that area for approximately twenty minutes before the accident and the aisle had not been cleaned for one or two hours. The trial court found in favor of P and D appealed. On appeal, the Appellate Division reversed in favor of D and P appealed.
Issue: Is circumstantial evidence sufficient to permit a jury to determine whether a dangerous condition existed long enough to give the store sufficient notice to discover and remedy the condition?
Holding and Rule: Yes. The circumstantial evidence presented enabled P to establish a prima facie case that the store had constructive notice of the hazardous condition. The evidence was sufficient to withstand summary judgment in favor of D and it was error to dismiss the complaint. A store has a duty to protect invitees from known or concealed dangerous conditions. The circumstantial evidence permitted the inference that D had constructive notice of the dangerous condition of the floor.
Disposition: Reversed.