Tannehill v. Brookshire Grocery Co.

588 So. 2d 1282, 1991 La. App. LEXIS 2825, 1991 WL 226548
CourtLouisiana Court of Appeal
DecidedOctober 30, 1991
Docket22873-CA
StatusPublished
Cited by7 cases

This text of 588 So. 2d 1282 (Tannehill v. Brookshire Grocery Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tannehill v. Brookshire Grocery Co., 588 So. 2d 1282, 1991 La. App. LEXIS 2825, 1991 WL 226548 (La. Ct. App. 1991).

Opinion

588 So.2d 1282 (1991)

Lloyd TANNEHILL, Appellant,
v.
BROOKSHIRE GROCERY COMPANY, et al., Appellee.

No. 22873-CA.

Court of Appeal of Louisiana, Second Circuit.

October 30, 1991.
Rehearing Denied November 27, 1991.

Bruscato, Loomis, & Street by Anthony J. Bruscato, Monroe, for appellant.

Theus, Grisham, Davis & Leigh by James M. Edwards, Monroe, for appellee.

Before VICTORY, BROWN and STEWART, JJ.

VICTORY, Judge.

Plaintiff appeals a jury verdict rejecting his claim for damages against a supermarket as a result of a slip and fall occurring inside the store, near the entrance, on a rainy day. We affirm.

FACTS

On January 12, 1989, a rainy, winter day, Lloyd Tannehill, the 61 year old plaintiff, left his job cleaning drainage ditches for the City of Monroe at about 3:30 p.m. Stopping at Super 1 Foods (Brookshire's) to buy a single item, he entered the front door and saw someone at a distance that he thought he recognized. Not looking down, Tannehill walked across a floor mat measuring 3 feet by 10 feet and upon taking his first step off the mat and onto the vinyl floor, slipped and fell to the floor.

After presentation of the evidence, the jury affirmatively answered the following written interrogatories accompanying its verdict:

(1) Plaintiff fell and was hurt at defendant's store on January 12, 1989.
(2) Plaintiff proved by a preponderance of the evidence that he slipped and fell as a result of a hazardous condition which was present on the floor.
(3) Defendant proved by a preponderance of the evidence that it acted in a reasonably prudent manner in attempting to keep the floors free from hazardous substances.

*1283 Plaintiff contends on appeal that the jury was manifestly erroneous in concluding defendant proved by a preponderance of the evidence that it acted in a reasonably prudent manner in exercising its duty of care owed to plaintiff.

DISCUSSION

Because the plaintiff questions the sufficiency of the evidence offered by the defendant, we discuss the defendant's inspection and cleanup procedures in detail.

The written store policy, offered by the plaintiff as P-3, was Brookshire Store Policy Letter # 59 reproduced as follows:

ACCIDENT PREVENTION SAFETY RULES

A. SPILLS AND BREAKAGE

The first employee to find debris, breakage with glass and/or spills of any kind in the aisle should:
1. Call for someone to get the necessary tools to clean up the hazards. Do not leave the area until the hazard that is on the floor has been removed completely.
2. Immediately set up the Yellow Safety Signs provided at the end of each aisle, warning customers and employees alike, to be careful as they shop the aisle.

B. MOPPING—WET OR DAMP FLOORS

1. Place the Yellow Safety Signs in the area before you begin mopping.
2. After mopping, do not remove the signs until the floor is completely dry.

C. DEBRIS IN PRODUCE AISLES

1. Aisles must be inspected every 30 minutes.
2. Floors kept dry at all times and free of debris.
3. Displays of merchandise on floor should be in a safe manner where customers cannot stumble over them.
D. FLOOR INSPECTION LOG
1. Complete store floor inspection must be made six times per day.
2. A Floor Inspection Log must be completed by clocking the time of each inspection and initialed by the inspector.
3. The Store Director must sign the log verifying that each inspection was conducted.
4. The Floor Inspection Log should be sent in with weekly reports to be reviewed and filed with permanent records.

The procedures regarding inspection and cleanup at defendant's store were testified to by five store employees. The following exchange occurred with Gene Crim, the store manager:

Q. Have you ever had any discussions with any of the utility clerks, just tell them where to put [the wet floor signs] and how many to put out?

A. Yes sir.
[R.p. 221]
* * * * * *

Q. And then past the mat to the asbestos vinyl floor, what's the policy in mopping, do [the utility clerks] use their common sense or do you tell utility clerks how frequently to come check and mop?

A. Any utility clerk that's on duty, whether it be a rainy day or not a rainy day, but especially on a rainy day, knows what to do as far as that floor's concerned, however, we have a front end manager that ... we also have a mop bucket up front, on the front and any ... and on a rainy day it's almost a constant mopping that front, the front end manager, which is right there at all times, monitors that very, very closely.

[R.p. 222]
* * * * * *

Q. And what is the time frequency on any day for maintaining that floor area as far as mopping or cleaning that floor area at the front of the store?

A. You know, we constantly keep an eye on it, I'm not saying we're perfect and we're not going to keep every little speck off the floor, we're not going to *1284 do that, but I would say less than thirty minutes any time during the day, you know, because we've got a constant watch on it, but like I say, we're not going to catch everything, wish we could.
[R.p. 251]
* * * * * *
Q. Does that procedure change on a rainy day?

A. Well, yes, it does because on a rainy day, as many people as we have coming in and out, it's just ... it's almost a constant thing on a rainy day.

[R.p. 252]

The fall occurred at 3:45 p.m. Mr. Crim filled out an accident report on the spot while the plaintiff was sitting beside him. In the report, offered into evidence by the plaintiff as P-4, Crim stated that rugs (for use on rainy days) were down and "wet floor" signs were out. He specified that Norma Brezin, the front end manager, informed him of the fall, and that he inspected the area of the fall immediately, and noted the floor was clean, but damp. Further, he wrote that the schedule for cleaning the location was every 30 minutes or less on a rainy day, and that he had last inspected it 30 minutes prior to the fall.

Mr. Crim told the jury he had no independent memory of Tannehill's fall, but acknowledged that his handwriting appeared on the accident report, and stated he would not have inaccurately filled out the report:

Q. Is the accident report which has been labeled as P-4, does it contain accurate information?

A. This accident report is absolutely accurate, I would have no reason to put anything down that wasn't on there. If it's on here, under my testimony, I'll say it was correct and accurate.

[R.p. 247]

Norma Brezin, the store's front end manager and the first store employee to see plaintiff after he fell, described the same inspection and cleanup policies. She emphasized the additional duties placed on her on rainy days:

Q. Do you do anything differently on rainy days ... as far as monitoring the store?

A. Yes, I watch that front end because I don't want to have to go through something like this ... I'll watch it more closely.

[R.p. 270]

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Cite This Page — Counsel Stack

Bluebook (online)
588 So. 2d 1282, 1991 La. App. LEXIS 2825, 1991 WL 226548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tannehill-v-brookshire-grocery-co-lactapp-1991.