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Douglas v. Great Atlantic & Pacific Tea Co.

Mississippi Supreme Court
405 So. 2d 107 (1981)

Written by Mary Phelan D'Isa, JD

Facts

Mary Douglas (plaintiff) slipped and fell on water in the frozen-food aisle of a Great Atlantic & Pacific Tea. Co. (A&P) (defendant) grocery store while she was grocery shopping. Douglas sued A&P for negligence. No evidence was offered to show how the water got on the floor or that A&P had any knowledge of its presence before Douglas’s fall. The trial judge rejected Douglas’s jury instructions on negligence, and the jury returned a verdict for A&P. The trial judge also denied Douglas’s post-verdict motions for a judgment notwithstanding the verdict or, in the alternative, a new trial. Douglas appealed.

Rule of Law

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Issue

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Holding and Reasoning (Patterson, C.J.)

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A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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