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Thoma (P) was eating breakfast at the Cracker Barrel (D) she left her table to leave the restaurant, slipped, and fell on what she described as a wet area 1' by 2' containing drops of clear liquid. Prior to the fall, P saw no one drop anything on the floor nor did the only witness to the accident see any employee of D drop anything in that area. A witness described the area as 'a normal area where waitresses would frequently go in and out (the kitchen) door.' The only witness felt sure he saw waitresses carrying beverage pitchers in that area. He did not see any D customers carrying drinks in the area, nor did he see anyone drop or spill anything. The manager of D inspected the area and saw no foreign substance on the floor. The trial court granted D a summary judgment and P appealed.

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