Justice Robert J. McDonald
Bailey filed this action seeking damages for personal injuries after she slipped and fell in a puddle of water while shopping at defendant Key Food supermarket. Key Food had submitted a log for the date of the accident showing the floor was last inspected at 11:52 a.m. Plaintiff stated that the accident occurred at about noon and her receipt showed she checked out at 12:25 p.m. The court concluded that the accident occurred between noon and 12:25 p.m. The log indicated that the area was inspected less than 30 minutes before the accident and showed that Key Food’s employee observed the aisle was clear. Plaintiff’s deposition testimony showed she saw no accumulation of water before her accident. The court ruled that this evidence was sufficient to show that Key Food did not have constructive notice of the water of the floor. Plaintiff’s contention that water from a hose used to spray vegetables left a puddle was based on surmise and conjecture. The court stated there was no proof in the record that anyone observed the hose being used that day. Key Food’s motion for summary judgment was granted and the complaint was dismissed.