Joye v. Great Atlantic & Pacific Tea Co.
United States Court of Appeals for the Fourth Circuit
405 F.2d 464 (4th Cir. 1968)
Relevant factsFree
Willard Joye (plaintiff) slipped on a banana peel and was injured in an A&P (defendant) grocery store, with no evidence that A&P employees put the peel there or knew it was on the floor, and no definitive evidence of how long it had been there before the fall. Joye sued for negligence, and the jury found in his favor; A&P appealed.
IssueFree
Whether a customer carries the burden of showing a store owner breached its duty of care when the customer offers no evidence that the store had notice of the dangerous condition or how long it had existed.