Torts I, Page 244

Joye v. Great Atlantic and Pacific Tea Co.

United States Court of Appeals, Fourth Circuit, 1968


Plaintiff slipped and fell on a banana in defendant's supermarket. Defendant did not put it there nor was actually notified of its presence. The banana could have been on the floor for a maximum of 35 minutes, but no one had seen it before the defendant slipped on it. It was then described as black and looking like it had been on the floor for days.

Procedural History:

Jury returned a verdict for $10,000 for plaintiff.


Is the defendant liable for unknown to him in his business?


Defendant neither put the banana on the floor nor had actual notice of its presence. It cannot be determined how long the banana had been on the floor in even the broadest range of approximation. There is not sufficient evidence of the defendant's liability then.


Defendant must have received constructive notice of a dangerous condition.