Earlier this month, a state appellate court affirmed the dismissal of a plaintiff’s slip-and-fall case against a grocery store because the plaintiff was unable to present sufficient evidence that the accident was caused by the store’s negligence. In the case of Edwards v. Hy-Vee, the court determined that there was insufficient evidence to show that the defendant grocery store caused the dangerous condition that resulted in the plaintiff’s fall, and there was also insufficient evidence that the store employees even knew of the condition’s existence.
Mrs. Edwards was with her young daughter, shopping at a grocery store operated by Hy-Vee. On her way out of the store, Edwards slipped and fell on what appeared to be a piece of watermelon. As she got up, she noticed that a Hy-Vee employee was handing out watermelon samples just a few feet away.
Edwards filed a premises liability lawsuit against Hy-Vee, arguing that the grocery store should be liable for her damages. She made two main claims. First, she asserted that the grocery store caused the dangerous condition leading to her fall. Second, she claimed that even if the store didn’t cause the condition to be present, it was negligent in failing to clean it up in a timely manner.