All v. Smith's Management Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• arising from the plaintiff’s trip and fall caused by a pothole in a supermarket’s parking lot
• arising from the plaintiff’s trip and fall caused by a pothole in a supermarket’s parking lot
• noting 14 that when “the operating methods of a proprietor are such that dangerous conditions are continuous or easily foreseeable,” then “the logical basis for the notice requirement dissolves.”
• noting 14 that when “the operating methods of a proprietor are such that dangerous conditions are continuous or easily foreseeable,” then “the logical basis for the notice requirement dissolves.”
• finding the formation of potholes was recurring incident and “[i]t was enough to show that [the defendants] were aware of the continuous formation of potholes in the parking lot through the winter and spring” in order to create an issue of material fact to be submitted to a jury
• “to hold an owner or possessor of land liable for injuries to an invitee caused by a dangerous condition existing on the land, it must be shown that the owner or occupier knew, or by the exercise of reasonable care should have known, of the existence of the dangerous condition.”

Source: CourtListener parenthetical corpus (CC0).