Abes v. Publix Supermarkets, Inc.

District Court of Appeal of Florida

Abes v. Publix Supermarkets, Inc.

610 So. 2d 709, 1992 Fla. App. LEXIS 12856, 1992 WL 379824

CourtDistrict Court of Appeal of Florida

DecidedDecember 23, 1992

DocketNo. 92-0623

StatusPublished

Cited by2 cases

This text of 610 So. 2d 709 (Abes v. Publix Supermarkets, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Abes v. Publix Supermarkets, Inc., 610 So. 2d 709, 1992 Fla. App. LEXIS 12856, 1992 WL 379824 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

Abes, a customer in Publix, tripped over a large cardboard carton containing watermelons, which was placed on a wooden [710]*710pallet in an aisle of the store. The pallet extended four inches out from the bottom of the carton and had gaps between the boards. Abes testified that she wasn’t looking for the box, she was looking for the potatoes when she tripped and fell. The trial court granted Publix’ motion for summary judgment citing Frederich’s Market v. Knox, 66 So.2d 251 (Fla.1953). Abes appeals and we reverse.

The case upon which the trial court relied was decided in 1953 at a time when contributory negligence was a complete bar to recovery. Florida is now a comparative negligence state and a plaintiff’s contributory negligence does not totally bar recovery but may only limit the amount of recovery. See Winn-Dixie Stores, Inc. v. Miller, 220 So.2d 680 (Fla. 4th DCA1969). We find that under these facts there was a jury question raised as to whether Publix’ use of the wooden pallet constituted comparative negligence and that the trial court erred in granting Publix’ motion for summary judgment.

We REVERSE and REMAND for further consistent proceedings.

HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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PER CURIAM.

Abes, a customer in Publix, tripped over a large cardboard carton containing watermelons, which was placed on a wooden [710]*710pallet in an aisle of the store. The pallet extended four inches out from the bottom of the carton and had gaps between the boards. Abes testified that she wasn’t looking for the box, she was looking for the potatoes when she tripped and fell. The trial court granted Publix’ motion for summary judgment citing Frederich’s Market v. Knox, 66 So.2d 251 (Fla.1953). Abes appeals and we reverse.

The case upon which the trial court relied was decided in 1953 at a time when contributory negligence was a complete bar to recovery. Florida is now a comparative negligence state and a plaintiff’s contributory negligence does not totally bar recovery but may only limit the amount of recovery. See Winn-Dixie Stores, Inc. v. Miller, 220 So.2d 680 (Fla. 4th DCA1969). We find that under these facts there was a jury question raised as to whether Publix’ use of the wooden pallet constituted comparative negligence and that the trial court erred in granting Publix’ motion for summary judgment.

We REVERSE and REMAND for further consistent proceedings.

HERSEY and WARNER, JJ., and WALDEN, JAMES H., Senior Judge, concur.

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610 So. 2d 709, 1992 Fla. App. LEXIS 12856, 1992 WL 379824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/abes-v-publix-supermarkets-inc-fladistctapp-1992.

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