X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Petition for Reargument Filed 03/20/2001

� 1 Appellant, Violet A. Neve, appeals from an order denying her motion to remove the compulsory non-suit entered by the trial court, which concluded that Appellant could not invoke res ipsa loquitor to establish negligence. Because the court evaluated the evidence under a standard that was inappropriately critical in the compulsory non-suit context, we conclude that the court erred. Therefore, we reverse and remove the non-suit.

� 2 At trial, the testimony of Appellant and her friend, Jan Black, revealed the following facts. On April 3, 1996, Appellant and Ms. Black went shopping together at a grocery store operated by Appellee, Insalaco’s. (N.T., 11/22/99, at 24). As the women proceeded down the frozen foods aisle of the store, Ms. Black walked ahead to look in the ice cream case, leaving Appellant approximately 10 feet behind with the shopping cart that the pair were sharing. (Id. at 42, 59). Ms. Black turned around toward her shopping companion just in time to see Appellant step on a round metal grate that was raised between one half to three quarters of an inch above the floor. (Id. at 59-60). Ms. Black attempted to warn her friend, but Appellant did not hear the warning in time to avoid stepping on the grate. (Id. at 60). The arch of Appellant’s foot came down on the grate’s raised edge, causing Appellant to feel a snapping sensation and a sharp pain in her foot that made her cry out. (Id. at 27, 61). At that moment, Appellant became unable to stand on her own and steadied herself by leaning on the shopping cart with the assistance of Ms. Black, who had rushed to Appellant’s aid. (Id. at 27-28, 61).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

GlobeSt. Healthcare Real Estate 2022

December 06, 2022 - December 07, 2022
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More

GlobeSt. INDUSTRIAL 2022

December 08, 2022 - December 09, 2022
Scottsdale, AZ

This conference brings together the industry's most influential & knowledgeable industrial real estate executives


Learn More

Global Leaders in Consulting (GLC) 2023

February 16, 2023
London

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.


Learn More

Plaintiffs' Personal Injury Attorney


A growing and highly successful plaintiffs' personal injury law firm with several offices in Tampa Bay is seeking a senior attorney with tri...


Apply Now ›

Corporate M&A Associate


A prestigious AV-rated law firm in Tampa is seeking qualified attorneys for its Corporate/M&A and Private Equity practice. Candidates mu...


Apply Now ›

Labor and Employment - Associate


Cozen O Connor is seeking an associate with at least three years of experience defending clients in employment litigation matters to join th...


Apply Now ›

LINDABURY, MCCORMICK, ESTABROOK & COOPER, P.C.

12/05/2022
NJLJ Web

Lindabury, McCormick, Estabrook & Cooper, P.C. would like to announce...


View Announcement ›

ANAPOL WIESS

11/22/2022
TLI Web

ANAPOL WEISS IS PLEASED TO ANNOUNCE THAT ATTORNEY JORDAN SOLARZ HAS JOINED THE FIRM


View Announcement ›

ANAPOL WIESS

11/21/2022
TLI Web

ANAPOL WEISS PROUDLY ANNOUNCES THE APPOINTMENT OF KILA BALDWIN AS AN EQUITY SHAREHOLDER


View Announcement ›