Court of Appeals of Washington· 12/13/2005
Fredrickson v. Bertolino's Tacoma, Inc.
Citations
- 131 Wash. App. 183
- 127 P.3d 5
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming a summary judgment granted to a defendant, the court reasoned that the evidence was insufficient to show that the defendant's coffee shop chair, which allegedly broke beneath the plaintiff, posed an unreasonable risk of harm to customers
- declining to extend Washington's mode of operation exception to a collapsed chair incident where plaintiff did not establish, \that the danger of breaking chairs was continuous or foreseeably inherent in the nature of\ defendant's business
- jury must decide whether a \defective condition existed long enough so that it would have been discovered by an owner exercising reasonable care\
- jury must decide whether a “defective condition existed long enough so that it would have been discovered by an owner exercising reasonable care”
- summary judgment appropriate where plaintiff did not know what was wrong with chair or caused it to collapse
- “Ordinarily, it is a question of fact for the jury whether, under all of the circumstances, a defective condition existed long enough so that it would have been discovered by an owner exercising reasonable care.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Armstrong
Read full opinion on CourtListenerCited by
12 cases in this archive cite this case.
- Price v. Kroger Co. of MichiganMichigan Court of Appeals· 2009-06-18· cited 51×
- Tavai v. Walmart Stores, Inc.Court of Appeals of Washington· 2013-08-13· cited 26×
- Charlton v. Toys \R\ Us - Delaware, Inc.Court of Appeals of Washington· 2010-11-04· cited 12×
- Curtis v. LeinCourt of Appeals of Washington· 2009-05-11· cited 6×
- Pamela O'neill, V The City Of Port OrchardCourt of Appeals of Washington· 2016-06-28· cited 3×
- Bradley v. Wal-Mart Stores, Inc.Ninth Circuit· 2009-06-16· cited 2×
- Fredrickson v. Bertolino's Tacoma, Inc.Court of Appeals of Washington· 2006-01-24· cited 1×
- Charlton v. TOYS\ R\ US-DELAWARE, INC.Court of Appeals of Washington· 2010-12-16· cited 1×
- Avrilirene And Thomas Tavai, V Wal-mart Stores, Inc.Court of Appeals of Washington· 2013-08-13
- Fredrickson v. Bertolino's Tacoma, Inc.Court of Appeals of Washington· 2005-12-13
- Trujillo v. Wal-Mart Stores Inc.W.D. Washington· 2018-12-19
- Dahlager v. Jack's Diving LockerHawaii Intermediate Court of Appeals· 2023-06-26
Cites
18 cases in this archive are cited by this case.
- Wilson v. SteinbachWashington Supreme Court· 1982-12-29· cited 937×
- Tincani v. Inland Empire Zoological SocietyWashington Supreme Court· 1994-06-16· cited 247×
- Pedroza v. BryantWashington Supreme Court· 1984-02-16· cited 194×
- Iwai v. StateWashington Supreme Court· 1996-05-09· cited 123×
- Davidson v. HensenWashington Supreme Court· 1998-05-07· cited 111×
- Pimentel v. Roundup CompanyWashington Supreme Court· 1983-06-30· cited 107×
- Ciminski v. Finn Corp.Court of Appeals of Washington· 1975-07-02· cited 81×
- Retired Public Employees Council v. CharlesWashington Supreme Court· 2003-01-30· cited 77×
- Younce v. FergusonWashington Supreme Court· 1986-09-11· cited 75×
- Wiltse v. Albertson's Inc.Washington Supreme Court· 1991-02-28· cited 56×
- W.R. Grace & Co. v. Department of RevenueWashington Supreme Court· 1999-04-01· cited 54×
- Roy Supply, Inc. v. Wells Fargo BankCalifornia Court of Appeal· 1995-10-26· cited 44×
- Wagg v. Estate of DunhamWashington Supreme Court· 2002-03-28· cited 42×
- Brant v. Market Basket Stores, Inc.Washington Supreme Court· 1967-11-09· cited 37×
- Carlyle v. Safeway Stores, Inc.Court of Appeals of Washington· 1995-06-27· cited 29×
- Coleman v. Ernst Home Center, Inc.Court of Appeals of Washington· 1993-06-07· cited 22×
- O'Donnell v. Zupan Enterprises, Inc.Court of Appeals of Washington· 2001-08-10· cited 22×
- Morton v. LeeWashington Supreme Court· 1969-02-20· cited 17×
Other cases named Fredrickson v. Bertolino's Tacoma, Inc.
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