MEMORANDUM

TO: Susan Coffindaffer

FROM: Crystal Adkins Paralegal

RE: Harris v. Sack and Shop Grocery Store

DATE: December 1, 2015

QUESTION PRESENTED

Is the Sack and Shop Grocery Store responsible for the

injuries that Mrs. Harris sustained after she slipped on a banana

peel at the store?

BRIEF ANSWER

Yes, the Sack and Shop Grocery Store is responsible for the

injuries and pain and suffering that Mr. Harris received after

she slipped on the banana peel at the store.

STATEMENT OF FACTS

Rebecca Harris is suing Sack and Shop Grocery Store, our

client, for damages resulting from the store’s negligence. On

(date), Rebecca Harris slipped on a banana peel that had been on

the grocery store floor for two days. The produce department head

was in a hurry, and he forgot to clean up the banana peel. The

next day he was very busy, so he kicked the banana peel in the

corner to get it out of the middle of the floor. Mrs. Harris

came into the store on that particular day to purchase some

produce, and she slipped and fell on the banana peel. As, a

result of the fall Mrs. Harris injured her head and broke her

arm.

DISCUSSION

In the case Roach v. McCrory Corp., Mrs. Roach was shopping

at a store owned by the McCrory Corp. when she slipped and fell.

Roach v. McCrory Corp., 158 W. Va. 282, 210 S.E.2d 312 (1974).

After the fall she reported that she was feeling ill. After

sitting for a while, she inspected the place where she had fallen

and noticed it was oily.

Three days prior to Mrs. Roach’s fall and after the store

closed, a stock boy applied “mycrobrite” to the store’s main

floor. The store was closed the next day. On the following day,

the stock boy the main floor with a dry yarn mop. At that time he

had did not notice any mycrobrite left on the floor. During the

trial, the stock boy had testified that he had not followed the

proper procedure for applying the mycrobrite. The Court found in

favor to the plaintiff. The store owed a duty to the invitee to

keep the care of the premises in a reasonable and safe condition.

62 Am.Jur.2d, Premises Liability, Section 62, pages 308-09;

Annot., 62 A.L.R.2d 6, 13, 15.

In our case, Sack and Shop Grocery Store owed a duty to

provide a safe environment. Sack and Shop Grocery Store failed to

clean up Therefore, because the store failed to provide a safe

condition for customers, the store may be held liable for the

injuries that Mrs. Harris had sustained at the store.

CONCLUSION

The store employees and the store owner need to provide a

safe shopping atmosphere for their customers. In this case, the

Mr. Grocer and his employees failed to clean up a banana peel

that created a hazard to the stores customers. As stated above

from the findings of similar cases owner (Mr. Grocer) is

responsible for the injuries that Mrs. Harris suffered as a

result of the negligence of the store employees and the store

owner. The store has a duty to protect their customers from

injury. Therefore, the Sack and Shop Grocery Store is

responsible for the injuries that Mrs. Harris sustained from the

fall at the Sack and Shop Grocery Store.