Vice v. Great Atlantic & Pacific Tea Co. ( 1974 )

Bashara, P. J.

(dissenting). I must respectfully dissent from the majority holding. It is my opinion that the trial judge properly granted judgment notwithstanding the verdict.

The sole evidentiary fact bearing on the possibility of defendant’s negligence was that there was frost on some squash being shown to plaintiff Maudena Vice in defendant’s store. As Mrs. Vice turned to leave the area she slipped and fell incurring injuries. An examination of the record reveals no testimony whatsoever to show any substance upon the floor to cause plaintiff to slip. Neither plaintiffs’ nor defendant’s witnesses produced any fact adducing a dangerous condition which defendant knew of or should have known of.

It is true that an inference can be raised that the defendant had actual or constructive knowledge of a dangerous condition, but there must be some evidence presented to the jury to support such an inference. Galloway v Sears, Roebuck & Co, 27 Mich App 348; 183 NW2d 354 (1970). Here no such evidence was presented.

I, therefore, vote to affirm.