· 5/23/2008
Craig v. Franklin Mills Associates, LP
Citations
- 555 F. Supp. 2d 547
- 2008 U.S. Dist. LEXIS 41972
- 2008 WL 2200261
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- granting summary judgment because no evidence of duration for spill in middle of mall
- finding loss of carbonation did not constitute evidence of constructive notice as it was equally likely the soda lost its carbonation while sitting on the floor for many minutes or a few seconds after it spilled
- “If the underlying negligence claim brought by the claimant's spouse is dismissed ... the loss of consortium claim must also be dismissed.”
- presence or absence of “footprints or cart tracks” through puddle can be considered to show constructive notice of condition
- “Kristina’s testimony that there were no footprints or dirt near the spill provides no further guidance to the jury, and, if anything, suggests a lack of passersby walking through the spill.”
- “A jury can infer from a dried puddle of soda that a spill has existed for a certain duration because the soda would not dry inside a bottle or cup, but rather only after it was spilled.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Eduardo C. Robreno
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.