Summary of Joye v. Great Atlantic & Pacific Tea Co., U.S. Ct App. 1968
Relevant Facts: Pl slipped on a banana in Df supermarket. The banana had sand and dirt upon it afterward, as did the floor around the area. The banana was sticky around the edges.
Legal Issue(s): Whether the df was given sufficient notice of a dangerous condition resulting in the injury to PL?
Court’s Holding: No
Procedure: Diversity suit Jury found for Pl, $10,000. Df appealed. Reversed
Law or Rule(s): Exercise of ordinary care and prudence a person would observe under similar circumstance.
Court Rationale: There was no evidence that the df was given constructive notice of a dangerous situation which he would have to remedy. There was no evidence that the df put the banana on the floor, or how long it had remained there. There was evidence that the floor had not been swept for at least 35 minutes. No one saw the banana until after Joye fell on it. It could not be determined whether the banana had been there 3o seconds or 3 days.
Plaintiff’s Argument: The df failed to exercise reasonable care in keeping the floor clear of obstructions which would likely cause injury.
Defendant’s Argument: The df had no knowledge of the condition, nor how long the condition existed, nor how the condition arose.