Joye v. Great Atlantic and Pacific Tea case brief summary
F: verdict for P, and D appealed.
No evidence of how long banana had been on the floor (key fact)
I: whether it is sufficient evidence in determination of D’s negligence that banana was dark brown, and sticky around the edges, and had dirt and sand on it.
R: It is not sufficient evidence in determination of D’s negligence that banana was dark brown, and sticky around the edges, and had dirt and sand on it.
A: No one saw the banana until after P fell on it. It described as dark brown, dirt and sand on it. There was dirt on the floor near the banana, and it was sticky around the edges. From this evidence jury could not tell banana had been on D’s floor for 30 seconds or 3 days
F: verdict for P, and D appealed.
No evidence of how long banana had been on the floor (key fact)
I: whether it is sufficient evidence in determination of D’s negligence that banana was dark brown, and sticky around the edges, and had dirt and sand on it.
R: It is not sufficient evidence in determination of D’s negligence that banana was dark brown, and sticky around the edges, and had dirt and sand on it.
A: No one saw the banana until after P fell on it. It described as dark brown, dirt and sand on it. There was dirt on the floor near the banana, and it was sticky around the edges. From this evidence jury could not tell banana had been on D’s floor for 30 seconds or 3 days
C: reversed
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