Yeaple v. Grand Union Co.
Yeaple v. Grand Union Co.
Opinion of the Court
Appellant was injured when she fell in the produce section of appellee’s grocery store. Appellant was maneuvering her shopping cart narrowly around a display table and slipped on a piece of fruit which was squashed on the floor. Appellant’s negligence action was tried before a jury, and she appeals from the entry of judgment on the jury’s verdict in favor of appellee. In her sole enumeration of error, appellant contends the trial court erred in failing to charge on legal distraction.
“The distraction theory provides ‘ “that a plaintiff may be excused from the otherwise required degree of care because of circumstances creating an emergency situation of peril. . . . The doctrine is further broadened to cover situations where the plaintiff’s attention is distracted by a natural and usual cause, and this is particularly true where the distraction is placed there by the defendant or where the defendant in the exercise of ordinary care should have anticipated that the distraction would occur.” ’ [Cit.j Thus, where the plaintiff’s
Dissenting Opinion
dissenting.
As I cannot agree with the majority’s application in this case of the principles stated in Stenhouse v. Winn Dixie Stores, 147 Ga. App. 473 (249 SE2d 276), I respectfully dissent. In my view, a jury could reasonably conclude from the evidence presented at trial that a distraction was caused by appellee’s arrangement of the fixtures in its store. While the majority concludes that “any distraction was caused by appellant’s handling of her shopping cart,” this view focuses on
Appellant’s requested charge on the issue of distraction is a correct statement of the law and properly adjusted to the evidence at trial. The trial court’s refusal to include the requested charge in its instructions to the jury was harmful error, particularly so since the charge given included the plain view doctrine, and should result in the reversal of the judgment on appeal.
I am authorized to state that Presiding Judge Carley, Judge Pope and Judge Johnson join in this dissent.
Reference
- Full Case Name
- Yeaple v. Grand Union Company
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- 12 cases
- Status
- Published