· 9/16/2008
Reid v. Kohl's Department Stores, Inc.
Citations
- 545 F.3d 479
- 2008 U.S. App. LEXIS 19574
- 2008 WL 4216473
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, at summary judgment, plaintiff’s speculation as to length of time that dangerous condition had persisted did not create triable issue of fact
- holding that “ten minutes was not enough to give Kohl’s constructive notice” of a spill in an aisle at a time when “very few customers were in the store”
- concluding that, because the record did not “indicate with any degree of certainty how long the milkshake had been on the floor,” the plaintiff’s “cursory conclusion that the milkshake must have been on the ground ‘for some time’ falls flat”
- affirming summary judgment because plaintiff failed to prove a milkshake was on the floor for more than ten minutes and the court held no reasonable person could conclude this was enough time to give constructive notice
- finding spilt pink milkshake on white tile floor “open and obvious,” even when unclear plaintiff actually saw it before slipping, because “she could have easily seen it” as nothing distracted her or blocked view
- “Absent any evidence demonstrating the length of time that the substance was on the floor, a plaintiff cannot establish constructive notice.
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Wood, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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