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Torts Keyed to Prosser
Joye v. Great Atlantic and Pacific Tea, Co.
Facts
Joye (P) was in A&P’s supermarket when he slipped and fell on a banana peel. The duration for which the peel was on the floor is unknown. The maximum interval since the floor was last swept was 35 minutes. No other person appears to have noticed it until the fall. The banana was sticky and dark brown, with dirt and sand sticking to it. The floor was also dirty. The defendant could not prove any direct involvement of A&P in placing the banana on the floor or of its having had any knowledge of it before he slipped on it. He was awarded $10,000. In its appeal, A&P argued that they had no knowledge of the fact of the banana being on the floor despite reasonable prudence being exercised. Thus constructive notice of the dangerous condition, which could reasonably be expected to pose a significant risk of injury and render the defendant liable, was lacking.
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