Cocklin v. JC Penney Corp.

How courts have described this case

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

• reversing grant of summary judgment where the danger of tripping posed by a transition between two types of flooring was visible but not obvious and where plaintiff had successfully traversed the transition “at least four or five times before”
• evidence created factual issues “as to whether the specific hazard allegedly precipitating [plaintiff’s] trip and fall was readily observable”
• material issue of fact as to whether the specific hazard precipitating plaintiff’s fall was readily observable to her in the exercise of ordinary care
• plaintiff falls on entry to salon she had visited “four or five times before,” with the elapsed time between the previous visits and the fall not specified
• material issues of fact remained as to whether hazard was readily discernible to plaintiff, where, among other things, plaintiff’s flooring expert testified to difficulty in observing edge of ceramic tile where plaintiff fell
• material issues of fact remained 19 as to whether hazard was readily discernible to plaintiff, where, among other things, plaintiff’s flooring expert testified to difficulty in observing edge of ceramic tile where plaintiff fell

Source: CourtListener parenthetical corpus (CC0).