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ROBERT EDWARDS v. CLEVELAND FOOD

SEPTEMBER 07, 1983

ROBERT EDWARDS
v.
CLEVELAND FOOD, INC., D/B/A SUNFLOWER FOOD STORE



BEFORE PATTERSON, HAWKINS and ROBERTSON,

HAWKINS, JUSTICE, FOR THE COURT:

Robert Edwards appeals from a judgment of the Circuit Court of the Second Judicial District of Bolivar County in favor of Cleveland Food, Inc., d/b/a Sunflower Food Store.

Cleveland Food, Inc., a corporation, owns the Sunflower store in Cleveland, and was sued by Edwards following his falling in the store. When Edwards rested his case in chief, the circuit judge sustained Sunflower's motion for a directed verdict for lack of showing any negligence, and entered judgment in favor of Sunflower. Persuaded sufficient evidence was adduced to withstand the motion, we reverse and remand.

 This is the only issue addressed on this appeal

 Edwards was a customer in the defendant's Sunflower store in Cleveland on December 20, 1979, when he slipped and fell on a wet place in the store. He sued for injuries sustainedin the fall.

 Edwards did not know what the wet substance was on the floor. After his fall, the store manager, James Williams, told him it was milk.

 Williams and two store clerks assisted Edwards, a corpulent individual, in getting up following his fall. Edwards quoted Williams as stating:

 "Somebody left some milk down here. Some milk

 was wasted. You Hurt?"

 Edwards responded, "Yeah."

 Williams then directed some employee of the store: "Go get the mop and get this milk up. Finish gettin' the milk up." (Emphasis added)

 Edwards described the condition on the floor as follows:

 "It was wet. It looked like it had been mopped up ...


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