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· 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 CourtListener

Sourced 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.