THOMA V. CRACKER BARREL OLD COUNTRY STORE, INC
649 So.2d 277 (1995)
NATURE OF THE CASE: Thoma (P) challenged an order from the Circuit Court in which the
court granted Cracker's (D) motion for summary judgment dismissing P's slip and fall
complaint.
FACTS: Thoma (P) was eating breakfast at the Cracker Barrel (D) she left her table to
leave the restaurant, slipped, and fell on what she described as a wet area 1' by 2'
containing drops of clear liquid. Prior to the fall P saw no one drop anything on the floor
nor did the only witness to the accident see any employee of D drop anything in that area. A
witness described the area as 'a normal area where waitresses would frequently go in and out
(the kitchen) door.' The only witness felt sure he saw waitresses carrying beverage pitchers
in that area. He did not see any D customers carrying drinks in the area, nor did he see
anyone drop or spill anything. The manager of D inspected the area and saw no foreign
substance on the floor. The trial court granted D a summary judgment and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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