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2004-UP-123 - McAbee v. BiLo

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Terra McAbee,        Appellant,

v.

Bi-Lo, LLC, Formerly Operating as Bi-Lo, Inc.,        Respondent.


Appeal From Spartanburg County
Donald W. Beatty, Circuit Court Judge


Unpublished Opinion No. 2004-UP-123
Submitted December 23, 2003 – Filed February 25, 2004


AFFIRMED


Brendan M. Delaney, of Spartanburg, for Appellant.

Larence M. Hunter, Jr., of Greenville, for Respondent.

PER CURIAM: Terra McAbee’s complaint alleged that she slipped and fell on a spill of grease in a store operated by Bi-Lo, LLC, because Bi-Lo was negligent in failing to maintain its premises in a reasonably safe condition.  The trial court directed a verdict in favor of Bi-Lo at the end of all the evidence.  McAbee appeals, challenging that action.  We affirm pursuant to Rule 220(b)(2), SCACR, because the point raised by McAbee is manifestly without merit.  See Wintersteen v. Food Lion, 344 S.C. 32, 39, 542 S.E.2d 728, 731-32 (2001) (wherein the supreme court expressly declined to depart from the traditional foreign substance analysis and held that “a storekeeper is only liable if it places the substance on the floor or if it has actual or constructive notice” of the substance).  

AFFIRMED.

GOOLSBY, HOWARD, and KITTREDGE, JJ., concur.