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Defendant store filed a motion to set aside a jury verdict and for a judgment notwithstanding the verdict in plaintiff invitee's personal injury action.

The invitee slipped and fell on a grape injuring herself. Thereafter, she commenced a personal injury action against the store. The invitee testified that she slipped on the grape as she proceeded to leave the store. However, the manager testified that he had checked the floor just shortly before the incident and did not see a grape on the floor. Following a jury trial, the jury rendered a verdict in favor of the invitee. The store filed a motion to set aside the verdict and for a judgment notwithstanding the verdict. The court granted the motion. The court held that the invitee's evidence went no further than to show the presence of the grape on the floor, thus the jury did not have before it sufficient reasonable evidence to determine the length of time the grape was on the lobby floor. The court reasoned that absent evidence of the length that the grape was on the floor, the jury could not find that the store had constructive notice of the defect, as required.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: Murolo v. First Nat'l Supermarkets, Inc., 1993 Conn. Super. LEXIS 1076 (Conn. Super. Ct. Apr. 23, 1993)