Case details
Defense claimed store did not have constructive notice of spill
SUMMARY
$0
Amount
Decision-Defendant
Result type
Not present
Ruling
KEYWORDS
ankles
FACTS
On April 14, 2011, plaintiff Regina Chew, 42, a home care provider, was at a Wal-Mart store in Chula Vista when she slipped on an unknown substance on the floor and fell. She claimed she injured both ankles in the fall. Chew sued the store’s operator, Wal-Mart Stores Inc. Chew, acting pro se, alleged that the defendant failed to timely clean up the substance on the floor and/or failed to properly maintain the subject area, creating a dangerous condition. Thus, she contended that the store was liable for her fall on its premises. Defense counsel contended that there was only a four-minute window between the time of the alleged spill and the time of Chew’s fall. Thus, counsel contended that this four-minute window was not a reasonable amount of time for Wal-Mart to have had constructive notice and responded appropriately., Chew walked away from the scene after her fall. She then presented to a hospital the following day and claimed to both ankles. Chew claimed she lost her job and could not go back to work as a result of her . Defense counsel contended that Chew’s alleged were not caused by the subject incident, but that Chew’s condition was due to other sources. As to her loss of past and future income, defense counsel contended that Chew was terminated for failing to report to her employer at the end of her time off pursuant to the Family Medical Leave Act.
COURT
Superior Court of San Diego County, San Diego, CA
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