Monday, February 7, 2000
Evelyn Owens v. Publix Supermarkets, Inc.

Nos. 95,667 & 96,235

Place of Origin
Orange County
Palm Beach County

Facts
Evelyn Owens (Orange County) was injured after slipping on remnants of a discolored banana in a Publix Supermarket. Elvia Soriano (Palm Beach County) was injured in an incident involving another discolored banana in a B&B Cash Grocery Store. In Owens' case, the Fifth District Court (en banc) affirmed a judgment against her on grounds that discoloration alone was insufficient to indicate that the banana had been on the floor long enough for Publix to have constructive knowledge of its presence. In Soriano's case, the Fourth District Court affirmed a judgment against her on grounds that more evidence than just discoloration was needed.