Plaintiffs have failed to produce competent evidence from which one, without speculation or conjecture, could reasonably find that defendant had actual or constructive notice of the condition in question or failed to exercise reasonable care. Proof may sometimes be difficult or impossible. Nevertheless, a store owner is not an insurer of its customers' safety. Nonetheless, in a supermarket slip and fall case it is still incumbent upon the plaintiff to allege sufficient facts and present sufficient evidence to sustain a cause of action against the store owner. Plaintiffs have not presented sufficient evidence to sustain their claim.
Defendant is entitled to summary judgment on the record presented.
Accordingly, defendant's motion will be granted. An appropriate order will be entered. The manager, Fran Zielinski, had worked for defendant continuously since 1961. He had served as a store manager at several locations for eleven years. Mr. Zielinski testified that Susan Gilligan, a store employee, related to him a conversation she overheard between the plaintiff just after the accident in which Mrs. Flocco told Mr. Flocco that their young daughter had knocked over the jar of turkey gravy.