HOUSTON – The practice of displaying bags of grapes with easy customer access is not enough of a reason for a slip and fall lawsuit against Fiesta Mart to continue, according to the 14th Court of Appeals.
While shopping in the bakery department of a grocery store owned by Fiesta Mart, Milagro Avila slipped and fell on two green grapes, injuring her left knee, which required surgery.
Court records show Avila sued Fiesta Mart, alleging premises liability. Fiesta denied the allegation and moved for summary judgment, asserting that Avila had no evidence that Fiesta knew or should have known about the grapes on the floor.
Avila filed a response and amended her petition to include a second cause of action, also labeled as a premises liability claim based on “Fiesta’s practice of displaying and selling grapes in bags that did not prevent customers from removing them.”
Court records show the trial court granted Fiesta’s motion for summary judgment, which was never amended to address the newly asserted cause of action, and rendered a final judgment that Avila take nothing.
Avila appealed, and on Sept. 21 the 14th Court affirmed the trial court’s judgment.
“We conclude that the dangerous condition in Avila’s premises-defect claim was the presence of two green grapes on the floor of the bakery department, not the manner in which Fiesta chose to display and package its grapes in the produce department,” the opinion states.
“…Avila was still required to produce evidence of Fiesta’s actual or constructive knowledge, and her failure to do so precludes her cause of action, even though it was not specifically addressed in the motion for summary judgment.”
Appeals case No. 14-20-00133-CV