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P slipped and fell on loose grapes when approaching the checkout lanes at D. Grapes were displayed in the produce area in open-top, vented plastic bags. P observed at least five other grapes within a three-foot diameter around her. No other grape had been squashed. She and her husband reported the incident to the employee at the checkout register and the store manager. D's manager acknowledged that grapes may fall onto the store floor during the process of being handled by either customers or store employees and that this tended to happen in the produce aisle or at the checkout area. P sued D. At the close of evidence P was denied an inference of negligence. D got a directed no cause verdict in that P failed to produce any evidence of D’s actual or constructive notice of the dangerous condition. P appealed. The court of appeals affirmed, and P appealed.

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