Facts

Plaintiff Anatoliy Bojco was in the lobby of a Safeway store in Redwood City on June 16, 2009, when he fell after entering the store.

Bojco filed suit against Safeway, alleging premises liability.

PLAINTIFF'S CONTENTIONS:
Bojco contended that he slipped and fell on an unidentified food substance after he and his wife entered the store, but did not know how long the substance was on the floor before he fell. Bojco further alleged that Safeway employees failed to preserve camera images to show the dangerous condition which was created by a customer before his fall.

DEFENDANT'S CONTENTIONS:
Safeway contended that it had inspected the lobby five minutes before Bojco fell, as well as one minute after, and that the hazard he fell on was created one to three minutes before he fell by an unidentified female customer. Safeway alleged that Bojco failed to establish the store did not exercise reasonable care regarding floor inspection and maintenance.

Damages

Bojco sought damages for $73,000 in medical expenses, as well as pain and suffering.

Injuries

Bojco sustained a displaced patella fracture and underwent surgery as well as physical therapy.

Result

The court granted summary judgment in favor of Safeway.