This appeal concerns a slip and fall accident that took place at the Plaza Extra supermarket in Estate Sion Farm, St. Croix on June 20, 2004. Appellant Sonia Bright ("Bright") filed an action for damages in the Superior Court of the Virgin Islands alleging negligence,bodily injury, medical expenses, lost income and lost future earning capacity. Appellee United Corporation d/b/a Plaza Extra ("Plaza") filed a motion for summary judgment contending that Plaza did not have notice of the spill which may have caused Bright's injuries. The Superior Court granted summary judgment in favor of Plaza, holding that, because Bright failed to provide any evidence that Plaza knew or should have known about the substance on the floor, no reasonable jury could find that Plaza had breached its duty to Bright as a matter of law. The instant appeal followed. On appeal, we must determine whether there were any genuine issues of material fact to preclude the entry of summary judgment. Because we conclude that there is indeed a genuine issue of material fact as to constructive notice, the grant of summary judgment will be vacated and the matter remanded.
Supreme Court Of The Virgin Islands