Janice J. Prioleau v. Kentucky Fried Chicken, Inc.074040)

How courts have described this case

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

• holding that mode-of-operation rule was not implicated where source of hazard that resulted in accident was not from self-service part of the business
• acknowledging that “evidence might support a finding that a plaintiff need not show actual or constructive notice because the condition was created by defendant or its employees.”
• noting that the defendant in such cases may rebut the inference of liability with counterproof that it exercised reasonable care, in light of its self-service mode of operation under the circumstances
• describing a self-service operation as one \in which customers independently handle merchandise without the assistance of employees\
• “An inference [of negligence] can be drawn only from proved facts and cannot be based upon a foundation of pure conjecture, speculation, surmise or guess.” (citing Long v. Landy, 171 A.2d 1, 7 (1961)
• “The potential for customers to track water into a building during inclement weather is not contingent on a defendant’s business model; that risk exists in virtually any facility that admits patrons from public sidewalks or parking areas into its facility.”

Source: CourtListener parenthetical corpus (CC0).