Facts

Ellen Smith filed suit against Whole Foods Market California, Inc. in relation to an incident on July 13, 2017, in which Smith slipped and fell in a Whole Foods Market store.

PLAINTIFF'S CONTENTIONS: Smith contended that she was shopping in a Whole Foods store when she slipped and fell either due to moisture near the produce section or a slippery surface. Smith alleged that she suffered injuries as a result of the fall, and she required surgery to address the injuries. Smith asserted causes of action for negligence and premises liability against Whole Foods, contending she was owed a duty as an invited shopper.

DEFENDANT'S CONTENTIONS: Defendant denied the allegations.

Result

The court granted Whole Foods' motion for summary judgment. The court found that Smith failed to show that the concrete floor where she fell constituted a dangerous condition because she failed to produce any evidence that the floor was dangerously wet on the date of the occurrence, Smith admitted she did not know what caused her to fall, Smith did not see water or ice on the floor and she did not have wet clothes, and the Whole Foods employee who examined the floor after the fall did not see anything that could have caused the slip.