Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36 (Ga. Ct. App. 1999). · Go Syfert
Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36 (Ga. Ct. App. 1999). Cases Citing This Book View Copy Cite
131 citation events (125 in the last 25 years) across 5 distinct courts.
Strongest positive: Thatcher v. Publix Super Markets, Inc. (gand, 2024-10-07)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (rule) Thatcher v. Publix Super Markets, Inc.
N.D. Ga. · 2024 · confidence medium
To prove negligence in a slip-and-fall case, “the plaintiff must show (1) the defendant had actual or constructive knowledge of the foreign substance and (2) the 3 plaintiff lacked knowledge of the substance or for some reason attributable to the defendant was prevented from discovering it.” , 241 Ga. App. 746, 747 (1999) (citing , 268 Ga. 735, 736 (1997)).
examined Cited as authority (rule) KNOWLES v. INGLES MARKETS INCORPORATED (3×) also: Cited "see, e.g."
M.D. Ga. · 2024 · confidence medium
Alterman Foods, 272 S.E.2d at 330 (quoting Hardy, 226 S.E.2d at 144); Shepard v. Winn Dixie, 527 S.E.2d 36, 39 (Ga. Ct. App. 1999). “[W]hat constitutes a reasonable inspection procedure var[ies] with each case, depending on the nature of the business, the size of the store, the number of customers, the nature of the dangerous condition, and the store’s location.” Id.
discussed Cited as authority (rule) HORTON v. FAMILY DOLLAR STORES OF GEORGIA, LLC
M.D. Ga. · 2023 · confidence medium
Under Georgia law, “in order for an owner to prevail on summary judgment based on the lack of constructive knowledge, the burden is upon the owner to ‘demonstrate not only that it had a reasonable inspection program in place, but that such program was actually carried out at the time of the incident.’” Landrum v. Enmark Stations, Inc., 310 Ga. App. 161, 163 , 712 S.E.2d 585, 588 (2011) (quoting Shepard v. Winn Dixie Stores, Inc., 241 Ga. App. 746, 748 , 527 S.E.2d 36, 38 (1999).
discussed Cited as authority (rule) Tolbert v. Publix Super Markets, Inc. (2×)
N.D. Ga. · 2022 · confidence medium
To prove negligence in a slip-and-fall case, “the plaintiff must show (1) the defendant had actual or constructive knowledge of the foreign substance and (2) the plaintiff lacked knowledge of the substance or for some reason attributable to the defendant was prevented from discovering it.” , 241 Ga. App. 746, 747 (1999) (citing , 268 Ga. 735, 736 (1997)).
discussed Cited as authority (rule) TEASLEY v. WALMART STORES INC
M.D. Ga. · 2022 · confidence medium
“Whether an inspection procedure is reasonable as a matter of law varies case-to-case, depending on the nature of the business, the size of the store, the number of customers, ‘the nature of the dangerous condition, and the store's location.’” Food Lion, LLC. v. Walker, 660 S.E.2d 426, 429 (Ga. Ct. App. 2008) (quoting Shepard v. Winn Dixie Stores, 527 S.E.2d 36, 39 (Ga. Ct. App. 1999)).
cited Cited as authority (rule) Lundy v. Publix Super Markets, Inc.
N.D. Ga. · 2022 · confidence medium
Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36, 38 (Ga. Ct. App. 1999).
discussed Cited as authority (rule) Walker v. Wal-Mart Stores East, LP
S.D. Ga. · 2021 · confidence medium
Thus, an inspection may be required more frequently than every 30 minutes.’” Davis, 587 S.E.2d at 281 (quoting Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36, 39 (Ga. Ct. App. 1999)) (emphasis added).
cited Cited as authority (rule) Henry v. Variety Wholesalers, Inc.
N.D. Ga. · 2021 · confidence medium
Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36, 38 (Ga. Ct. App. 1999).
cited Cited as authority (rule) Howard v. Wal-Mart Stores East, LP
N.D. Ga. · 2021 · confidence medium
Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36, 38 (Ga. Ct. App. 1999).
discussed Cited as authority (rule) RHONDA CROSS v. WILMINGTON TRUST, NATIONAL ASSOCIATION, SOLELY AS TRUSTEE FOR MFRA TRUST 2014-2
Ga. Ct. App. · 2021 · confidence medium
The affidavit does not include her job description or otherwise indicate that she is familiar 4 with the lending practices of Bayrock, nor does it explain how Fay Servicing is connected to this legal action.4 Yet, along with several other conclusions, Booker avers that “[t]he Purchase Money Loan was advanced by Bayrock with the understanding that Bayrock would be obtaining a valid first priority lien on the entirety of the Property, including the interest of Mr. Cross;” that “[t]he Purchase Money Loan would not have been advanced without being provided, in exchange, a valid first priorit…
cited Cited as authority (rule) New v. Kohl's Department Stores, Inc.
N.D. Ga. · 2021 · confidence medium
Under this method, constructive knowledge may be inferred from evidence an owner lacked a “reasonable inspection procedure.” Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36, 38 (Ga. Ct. App. 1999).
discussed Cited as authority (rule) HARRIS v. WALMART STORES INC
M.D. Ga. · 2020 · confidence medium
“In order to prevail at summary judgment based on lack of constructive knowledge, the owner must [normally] demonstrate not only that it had a reasonable inspection program in place, but that such program was actually carried out at the time of the incident.” Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36, 38 (Ga. Ct. App. 1999)).
discussed Cited as authority (rule) Allen v. Walmart, Inc.
N.D. Ga. · 2020 · confidence medium
A defendant’s constructive knowledge can be inferred if “there is evidence that the owner lacked a reasonable inspection procedure.” Thacker, 2019 WL 1996698 , at *5 (citing Shepard v. Winn Dixie Stores, Inc., 527 S.E.2d 36, 38 (Ga. Ct. App. 1999).
discussed Cited as authority (rule) Donastorg v. Rainbow USA, Inc. (2×)
Ga. Ct. App. · 2017 · confidence medium
What constitutes a reasonable inspection procedure depends “on the nature of the business, the size of the store, the number of customers, the nature of the dangerous condition, and the store’s location.” Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 748 (1) ( 527 SE2d 36 ) (2000).
discussed Cited as authority (rule) Sherrie Brown v. Publix Super Markets, Inc. (2×)
11th Cir. · 2015 · confidence medium
Shepard v. Winn Dixie Stores, Inc., 241 Ga.App. 746 , 527 S.E.2d 36, 38 (1999) (internal quotation marks and footnote omit *796 ted).
examined Cited as authority (rule) Landrum v. Enmark Stations, Inc. (3×) also: Cited "see, e.g."
Ga. Ct. App. · 2011 · confidence medium
“Constructive knowledge may be inferred when there is evidence that the owner lacked a reasonable inspection procedure.” (Punctuation and footnote omitted.) Shepard, 241 Ga. App. at 748 (1).
examined Cited as authority (rule) Benefield v. Tominich (19×) also: Cited "see", Cited "see, e.g."
Ga. Ct. App. · 2011 · confidence medium
Systems, 263 Ga.App. 563, 565 , 588 S.E.2d 338 (2003) (same); Higgins v. Food Lion, 254 Ga.App. 221, 223 , 561 S.E.2d 440 (2002) (same); Ingles Markets v. Martin, 236 Ga.App. 810, 812 , 513 S.E.2d 536 (1999) (same). [19] Crook v. Racetrac Petroleum, 257 Ga.App. 179, 181 , 570 S.E.2d 584 (2002); see Shepard, 241 Ga.App. at 748-49 (1), 527 S.E.2d 36 (same). [20] Crook, 257 Ga.App. at 181 , 570 S.E.2d 584 (citation and punctuation omitted), see Shepard, 241 Ga.App. at 748 (1), 527 S.E.2d 36 . [21] See Crook, 257 Ga.App. at 181 , 570 S.E.2d 584 (finding that spills at gasoline stations are not unc…
discussed Cited as authority (rule) Food Lion, LLC v. Walker
Ga. Ct. App. · 2008 · confidence medium
Whether an inspection procedure is reasonable as a matter of law varies case-to-case, depending on the nature of the business, the size of the store, the number of customers, “the nature of the dangerous condition, and the store’s location.” Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 748 (1) ( 527 SE2d 36 ) (1999).
discussed Cited as authority (rule) Prescott v. Colonial Properties Trust, Inc.
Ga. Ct. App. · 2007 · confidence medium
Hardee’s Food Systems v. Green, 232 Ga. App. 864, 866 (2) ( 502 SE2d 738 ) (1998). 1 Shepard v. Wmn Dixie Stores, 241 Ga. App. 746, 747 ( 527 SE2d 36 ) (2000). 2 Robinson v. Kroger Co., 268 Ga. 735, 748-749 (2) (b) ( 493 SE2d 403 ) (1997). 3 Turner v. Wendy’s Intl., 282 Ga. App. 121, 122 ( 637 SE2d 739 ) (2006). 5 J.
discussed Cited as authority (rule) Hagadorn v. Prudential Insurance
Ga. Ct. App. · 2004 · confidence medium
Robinson v. Kroger Co., 268 Ga. 735, 748-749 (2) (b) ( 493 SE2d 403 ) (1997). 3 Taylor v. Golden Corral Corp., 255 Ga. App. 860, 861 ( 567 SE2d 109 ) (2002). 4 Jackson v. Waffle House, 245 Ga. App. 371, 374 (2) ( 537 SE2d 188 ) (2000). 5 Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 749 (2) ( 527 SE2d 36 ) (1999). 6 Freyer v. Silver, 234 Ga. App. 243, 245 (2) ( 507 SE2d 7 ) (1998).
discussed Cited as authority (rule) Mock v. Kroger Co. (2×) also: Cited "see"
Ga. Ct. App. · 2004 · confidence medium
Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 (1) ( 527 SE2d 36 ) (1999).
cited Cited as authority (rule) Davis v. Bruno's Supermarkets, Inc.
Ga. Ct. App. · 2003 · confidence medium
(Punctuation and footnotes omitted.) Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 ( 527 SE2d 36 ) (1999).
examined Cited as authority (rule) Crook v. RaceTrac Petroleum, Inc. (5×)
Ga. Ct. App. · 2002 · confidence medium
(Footnotes omitted.) Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 ( 527 SE2d 36 ) (1999).
cited Cited as authority (rule) Taylor v. Golden Corral Corp.
Ga. Ct. App. · 2002 · confidence medium
Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 ( 527 SE2d 36 ) (1999).
discussed Cited as authority (rule) Mayhue v. Middle Georgia Coliseum Authority
Ga. Ct. App. · 2002 · confidence medium
J., and Pope, P. J., concur. 1 Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 ( 527 SE2d 36 ) (1999). 2 Id. 3 (Emphasis omitted.) Lau’s Corp. v. Haskins, 261 Ga. 491 ( 405 SE2d 474 ) (1991). 4 Gunter a Patterson Bank, 247 Ga. App. 555, 557-558 ( 544 SE2d 735 ) (2001). 5 Brown v. Piggly Wiggly Southern, 228 Ga. App. 629, 631 (3) (b) ( 493 SE2d 196 ) (1997). 6 (Punctuation omitted.) Pfeiffer v. Dept. of Transp., 250 Ga. App. 643, 647 (3) ( 551 SE2d 58 ) (2001). 7 (Footnote omitted.) Kauffman v. Eastern Food & Gas, 246 Ga. App. 103, 104-105 (2) ( 539 SE2d 599 ) (2000). 8 Straughter v. J.
discussed Cited as authority (rule) Williams v. Park Walk Apartments, LP
Ga. Ct. App. · 2002 · confidence medium
J., and Pope, P. J., concur. 1 Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 ( 527 SE2d 36 ) (1999). 2 Gunter v. Patterson Bank, 247 Ga. App. 555 -556 ( 544 SE2d 735 ) (2001). 3 Robinson v. Kroger Co., 268 Ga. 735, 748 (2) (b) ( 493 SE2d 403 ) (1997). 4 Id. at 748-749 (2) (b). 5 Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27, 30 (2) ( 343 SE2d 680 ) (1986). 6 211 Ga. App. 811 ( 440 SE2d 545 ) (1994). 7 Id. at 813 . 8 Id. 9 224 Ga. App. 834, 836 ( 482 SE2d 475 ) (1997). 10 234 Ga. App. 687 ( 507 SE2d 851 ) (1998). 11 226 Ga. App. 531, 534 (2) ( 487 SE2d 109 ) (1997). 12 Compare Sha…
discussed Cited as authority (rule) Owens v. DeKalb Medical Center, Inc.
Ga. Ct. App. · 2001 · confidence medium
Co., 231 Ga. App. 482, 485 (3) ( 499 SE2d 85 ) (1998). 13 Id. 14 Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 748-749 ( 527 SE2d 36 ) (1999). 15 Jones v. Krystal Co., 231 Ga. App. 102, 104-105 ( 498 SE2d 565 ) (1998). 16 Lau’s Corp., supra, 261 Ga. at 494-495 (3). 17 Id. 18 Hamilton v. Kentucky Fried Chicken &c., 248 Ga. App. 245 ( 545 SE2d 375 ) (2001). 19 (Citations and punctuation omitted.) Rubin v. Cello Corp., 235 Ga. App. 250, 252 (1) (b) ( 510 SE2d 541 ) (1998). 20 James v. Sears, Roebuck & Co., 140 Ga. App. 859 ( 232 SE2d 274 ) (1976). 21 Harvey Freeman & Sons, Inc. v. Stanley, 25…
discussed Cited as authority (rule) Patrick v. MacOn Housing Authority (2×)
Ga. Ct. App. · 2001 · confidence medium
Alterman Foods, 246 Ga. at 623 ; Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 748-749 ( 527 SE2d 36 ) (2000).
discussed Cited as authority (rule) Christensen v. Overseas Partners Capital, Inc.
Ga. Ct. App. · 2001 · confidence medium
We cannot determine in this appeal, therefore, that it owed no duty to reasonably inspect the premises for defects. 10 Compare Gray v. Oliver, 242 Ga. App. 533 ( 530 SE2d 241 ) (2000) (before her fall, plaintiff saw a curbside culvert in which she slipped and was familiar with this type of culvert); Tanner v. Larango, 232 Ga. App. 599 ( 502 SE2d 516 ) (1998) (plaintiff saw mossy area before she tripped on moss-filled gap between sidewalk and parking lot). 11 (Punctuation omitted.) Hannah, supra at 394 . 12 268 Ga. 735 ( 493 SE2d 403 ) (1997). 13 Id. at 748 (2) (b). 14 (Punctuation omitted.) Sh…
discussed Cited as authority (rule) Ledee v. Devoe (2×)
Ga. Ct. App. · 2001 · confidence medium
In order to prove negligence in a slip and fall premises liability case, a plaintiff must demonstrate that “(1) the defendant had actual or constructive knowledge of the foreign substance and (2) the plaintiff lacked knowledge of the substance or for some reason attributable to the defendant was [prohibited] from discovering it.” (Footnote omitted.) Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 (1) ( 527 SE2d 36 ) (1999).
discussed Cited as authority (rule) Gunter v. Patterson Bank
Ga. Ct. App. · 2001 · confidence medium
Duncan, for appellee. 1 (Citations and punctuation omitted.) Ingles Markets v. Martin, 236 Ga. App. 810 ( 513 SE2d 536 ) (1999). 2 Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 747 ( 527 SE2d 36 ) (1999). 3 Peacock was terminated for advancing new money against old notes. 4 (Citations omitted.) Kauffman v. Eastern Food &c., 246 Ga. App. 103, 104 (2) ( 539 SE2d 599 ) (2000). 5 Hutchins v. J H.
discussed Cited as authority (rule) Jackson v. Waffle House, Inc. (2×)
Ga. Ct. App. · 2000 · confidence medium
(Punctuation and footnote omitted.) Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 749 (2) ( 527 SE2d 36 ) (1999).
discussed Cited "see" Freeman Lomax v. the Kroger Company (2×)
Ga. Ct. App. · 2019 · signal: see · confidence high
See Shepard , 241 Ga. App. at 749 (1), 527 S.E.2d 36 (in slip and fall case, grant of summary judgment in favor of defendant grocery store reversed where manager's affidavit did not reflect that he observed or had personal knowledge of the inspection procedures carried out on day of plaintiff's injury).
discussed Cited "see" Ramotar v. Kroger Co. (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 748 (1) ( 527 SE2d 36 ) (1999); Food Lion, supra, 290 Ga. App. at 576 (1).
discussed Cited "see" Rampersand Ramotar v. the Kroger Co. (2×)
Ga. Ct. App. · 2013 · signal: see · confidence high
See Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 748 (1) ( 527 SE2d 36 ) (1999); Food Lion, supra, 290 Ga. App. at 576 (1).
discussed Cited "see" Woodard v. WAL-MART STORES EAST, LP (2×)
M.D. Ga. · 2011 · signal: see · confidence high
See Shepard v. Winn Dixie Stores, Inc., 241 Ga.App. 746, 748 , 527 S.E.2d 36 (1999) (reasonableness of inspection conducted every thirty minutes a jury question); Jones v. Krystal Co., 231 Ga.App. 102, 104-05 , 498 S.E.2d 565 (1998) (no *1378 evidence of inspection within twenty minutes of accident creates a jury question on constructive knowledge).
discussed Cited "see" Kauffman v. Eastern Food & Gas, Inc. (2×)
Ga. Ct. App. · 2000 · signal: accord · confidence high
Under Wallace v. Nissan of Union City, 240 Ga. App. 658, 660 (1) ( 524 SE2d 542 ) (1999), summary judgment based on Kauffman’s knowledge of the hazard would have been unauthorized. 5 OCGA § 51-3-1. 6 Robinson v. Kroger Co., 268 Ga. 735, 740 (1) ( 493 SE2d 403 ) (1997). 7 Id. at 748-749 (2) (b). 8 239 Ga. App. 644, 645-646 (2) ( 521 SE2d 668 ) (1999). 9 (Citation and punctuation omitted.) Id.; accord Shepard v. Winn Dixie Stores, 241 Ga. App. 746, 748 (1) ( 527 SE2d 36 ) (2000); Hartley v. Macon Bacon Tune, 234 Ga. App. 815, 818 ( 507 SE2d 259 ) (1998) (whole court); see generally Straughter…
Retrieving the full opinion text from the archive…
Shepard
v.
Winn Dixie Stores, Inc.
A99A2128.
Court of Appeals of Georgia.
Dec 7, 1999.
527 S.E.2d 36
Beauchamp & Associates, Robert M. Beauchamp, Patrick S. Eid-son, Mark G. Pitts, for appellant., Clyatt, Clyatt & DeVaughn, Robert M. Clyatt, Carl G. Fulp III, Sandra K. Sanders, for appellee.
Phipps, Johnson, McMurray.
Cited by 45 opinions  |  Published
Phipps, Judge.

Rosemary Shepard appeals the trial court’s order granting summary judgment to Winn Dixie Stores, Inc. in her slip and fall action. After conducting oral argument on Winn Dixie’s motion, the trial court issued a one-sentence order granting the motion for summary judgment. Because we find genuine issues of material fact remain with respect to Winn Dixie’s constructive knowledge of the hazard and Shepard’s exercise of reasonable care for her own safety, we reverse.

On July 14, 1997, Shepard entered a Winn Dixie supermarket in Tifton and walked to the back of the store. She then returned to the front of the store to get a shopping cart. As she was going through the produce section, she slipped and fell in a four-inch-wide puddle of water with small pieces of ice in it located next to a display of fruits and salads packed in ice. Shepard testified that there were no Winn Dixie employees in the area before she fell, but a store employee did see her while she was still on the floor. She does not claim that anyone actually saw her fall.

[*747] Shepard testified that she did not see the puddle before she fell and does not know how long it was there prior to her fall. She also testified that she does not look down when she walks. Instead, she was looking ahead at the time she fell. Shepard admits that if she had been looking down, she probably would have seen the puddle.

In support of its motion for summary judgment, Winn Dixie submitted an affidavit from its location manager, Warren Wohlgemuth. In his affidavit, Wohlgemuth stated that Winn Dixie has an inspection and cleaning policy that requires the floor to be swept and checked for foreign substances every 30 minutes. He also stated that the “procedure was being followed on July 14, 1997,” and that the floor where Shepard fell had been swept within 30 minutes prior to her fall. Wohlgemuth’s affidavit does not recite that it is based on his own personal knowledge. Nor does the affidavit state that Wohlge-muth was present on July 14, 1997, who actually performed the inspection procedures, or the basis for Wohlgemuth’s knowledge that the inspection procedures were followed on that day.

We review the trial court’s grant of summary judgment de novo to determine if the evidence demonstrates any genuine issue of material fact. [1] To prevail, the moving party must demonstrate that there are no genuine issues of any material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, support judgment as a matter of law. [2] “A defendant may do this by showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.” [3]

1. To prove negligence in a slip and fall premises liability case, the plaintiff must show (1) the defendant had actual or constructive knowledge of the foreign substance and (2) the plaintiff lacked knowledge of the substance or for some reason attributable to the defendant was prevented from discovering it. [4] Shepard presented no evidence that Winn Dixie had actual knowledge of the hazard which caused her fall. To establish constructive knowledge, Shepard must show that (1) a Winn Dixie employee was in the immediate area of the hazard and could have easily seen the substance or (2) the foreign substance remained long enough that ordinary diligence by Winn Dixie should have discovered it. [5]

Because no Winn Dixie employees were in the immediate area[*748] when Shepard fell, she must use the second method of proving constructive knowledge.

“Constructive knowledge may be inferred when there is evidence that the owner lacked a reasonable inspection procedure. In order to prevail at summary judgment based on lack of constructive knowledge, the owner must demonstrate not only that it had a reasonable, inspection program in place, but that such program was actually carried out at the time of the incident.” [6]

In addition, to withstand a motion for summary judgment, the plaintiff need not show how long the hazard had been present unless the owner has demonstrated its inspection procedures. [7]

In the Wohlgemuth affidavit, Winn Dixie presented evidence of its general inspection procedures and the procedures utilized the day Shepard fell. Affidavits submitted in support of a motion for summary judgment must be based on personal knowledge. [8] Although an affidavit need not expressly state that it is based on personal knowledge, it must at least reflect that its contents are rooted in the affi-ant’s personal knowledge and observation. [9]

Wohlgemuth, as the store’s location manager, would almost certainly have personal knowledge of the general inspection procedures utilized by his store. But the same is not necessarily true with respect to the inspection procedures carried out on the day Shepard fell. Because Wohlgemuth’s affidavit does not recite that it is based on personal knowledge and the contents do not reflect that he observed or had personal knowledge of the inspection procedures carried out on that particular day, Winn Dixie failed to meet its burden.

Even if the Wohlgemuth affidavit was not defective, we cannot conclude as a matter of law that Winn Dixie’s inspection procedures were reasonable under the circumstances. The length of time the substance must remain on the floor before the owner should have discovered it and what constitutes a reasonable inspection procedure vary with each case, depending on the nature of the business, the size of the store, the number of customers, the nature of the dangerous condition, and the store’s location. [10] When a supermarket fills a[*749] table with crushed ice and produce, knowing that customers will remove the produce and likely cause at least some ice to fall on the floor, it creates a potential hazard to customers that may be very difficult to see and avoid. Thus, an inspection may be required more frequently than every 30 minutes. Under these circumstances, we find that the reasonableness of Winn Dixie’s inspection procedures was for the jury to determine. [11]

Decided December 7, 1999 Reconsideration denied January 7, 2000 Beauchamp & Associates, Robert M. Beauchamp, Patrick S. Eid-son, Mark G. Pitts, for appellant. Clyatt, Clyatt & DeVaughn, Robert M. Clyatt, Carl G. Fulp III, Sandra K. Sanders, for appellee.

2. Winn Dixie contends Shepard failed to exercise reasonable care for her own safety because she was looking ahead when she fell instead of looking down at the floor. In Robinson v. Kroger Co., the Supreme Court of Georgia rejected any requirement that an invitee look continuously at the floor for defects because “the invitee is entitled to assume that the owner/occupier has exercised reasonable care to make the premises safe.” [12] Shepard’s decision to look ahead instead of down as she was walking through the store does not establish her negligence as a matter of law.

Nor does the fact that Shepard probably could have seen the puddle if she had been looking down constitute a failure to exercise ordinary care as a matter of law. [13] Under these circumstances, “the evidence does not plainly, palpably, and indisputably lead to the conclusion that [Shepard’s] placement of her foot on a site she had not previously inspected visually is an act . . .” that an ordinarily prudent person would not take in this situation. [14] Winn Dixie was not entitled to summary judgment on this issue.

Judgment reversed.

Johnson, C. J, and McMurray, P. J., concur.
1

Howell v. Styles, 221 Ga. App. 781, 784 (4) (472 SE2d 548) (1996).

2

Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991).

3

(Emphasis omitted.) Id.

4

Robinson v. Kroger Co., 268 Ga. 735, 736 (1) (493 SE2d 403) (1997).

5

Brown v. Piggly Wiggly Southern, 228 Ga. App. 629, 631 (3) (b) (493 SE2d 196) (1997).

6

Avery v. Cleveland Ave. Motel, 239 Ga. App. 644, 645-646 (2) (521 SE2d 668) (1999); see Ingles Markets v. Martin, 236 Ga. App. 810, 811 (513 SE2d 536) (1999); Straughter v. J. H. Harvey Co., 232 Ga. App. 29, 30 (1) (500 SE2d 353) (1998).

9

See Edwards v. Campbell Taggart Baking Cos., 219 Ga. App. 806, 808 (2) (466 SE2d 911) (1996).

10

J. H. Harvey Co. v. Reddick, 240 Ga. App. 466, 469 (1) (b) (522 SE2d 749) (1999); Alterman Foods v. Ligon, 246 Ga. 620, 623 (272 SE2d 327) (1980).

11

See Jones v. Krystal Co., 231 Ga. App. 102, 104-105 (d) (498 SE2d 565) (1998) (failure to inspect fast food restaurant during 20-minute period may be unreasonable).