Superior Court Grants Motion for Summary Judgment in Favor of Supermarket

April 1, 2008

In a case handled by Guy R. Gruppie and Anastasia K. Mazzella, supermarket customer Martha Maya claimed that she slipped and fell due to fluid that Jons Marketplace carelessly and negligently allowed to remain on the floor in one of the store’s aisles.  She alleged that the fluid constituted a dangerous condition, which Jons Marketplace knew or, in the exercise of responsible care, should have known existed in sufficient time to make the floor safe or warn shoppers of the danger.

On December 10, 2007, Judge Charles Stoll of the Glendale branch of the Los Angeles the Superior Court granted the Motion for Summary Judgment filed on behalf of Jons Marketplace because the evidence demonstrated that Jons Marketplace had no knowledge of a dangerous condition nor did they have constructive notice and they reasonably exercised the duty of care owed by conducting hourly inspections.

On the date of the alleged incident the subject aisle was formally inspected pursuant to store procedures shortly before plaintiff’s alleged fall; however, no potential hazardous conditions were observed or discovered at that time and no employee was notified or aware of the dangerous condition prior to plaintiff’s slip and fall. The plaintiff could not establish a prima facie case of negligence based on premises liability because she could not produce substantial, let alone sufficient, evidence that Jons Marketplace breached its duty of care.