NSW Caselaw
FRANKLINS LTD v HUNTER
SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
PRIESTLEY, SHELLER and POWELL JJA 1 May 1998, 1 May 1998
[1998] NSWCA 85
Priestley JA Mrs Hunter and her husband were shopping in the Franklins Supermarket at Macquarie Fields on 10 March 1994 when she slipped and fell. In proceedings she brought in the District Court against Franklins for damages, his Honour Judge Wall gave judgment in her favour for $16,920.
Franklins appealed to this Court.
Judge Wall carefully considered the evidence before him. He thought all the witnesses were honest. Differences between them were due to the defects, in human memory. On the evidence Judge Wall made the following findings:
"a, That on the morning of 10" March 1994 the plaintiff while shopping in the supermarket store of the defendant slipped and fell on the floor in the circumstances outlined by her in her evidence.
b. That the cause of her slipping on the floor was the presence on the floor of a fluid light green and transparent in colour and probably a cleaning fluid which had leaked from a container of cleaning fluid known by the brand name of Mr Muscles.
c. That there was a spillage of this cleaner in the area of aisle 1 near where the plaintiff fell and extending into aisle 2 as outlined in the evidence of the plaintiff and her husband.
d. That on the probabilities the spillage occurred at a time when a container of the cleaning fluid in question was taken by another customer from a stock shelf and placed in a trolley which was then wheeled along in the aisle - aisle 1 and aisle 2.
e. That the plaintiff did not notice the spillage of fluid. on the floor before she fell.
f. That Halloran and Gibson [who were Franklin employees] did not notice the spillage on the floor at the time they were in the relevant area before the plaintiff fell. That it is open on the evidence that the spillage was on the floor at the time they had walked past the cheese refrigerator and neither of them noted the spillage in that area.
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