Facts

Plaintiff Socorro Alcala slipped and fell on liquid at Defendant's Vallarta Store 20 and Vallarta Food Enterprises. She landed on her knee.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that Defendant negligently managed and failed to properly maintain the premises by keeping it clean and safe, and caused liquid to be left on the floor of the establishment without proper "Caution Wet Floor" signs which created a dangerous and foreseeable risk of harm. Moreover, this dangerous condition and foreseeable risk of harm was the actual and proximate cause of her injuries and damages. Plaintiff further contended that Defendant had actual or constructive notice.

DEFENDANT'S CONTENTIONS: Defendant contended that it did not have actual and constructive knowledge of the alleged liquid which caused Plaintiff to fall. In support, Vallarta highlights that on the day of the incident, two employees performed inspections of the store. One employee concluded his inspection sweep at 7:38 am, 8:05 am, 8:26 am and 9:00 am including the subject area and there was no issue. Additionally, Defendant states that had there been any spill or other issues during the inspection, the employee would have remedied the condition immediately before leaving the area marking it as clean and hazard-free as trained. Plaintiff fell between 7 am to 8 am and Vallarta contended that the liquid was not discovered until Plaintiff's fall and the Plaintiff herself only noticed the liquid when she fell to the floor. As such, Plaintiff cannot show that it was more likely than not that Defendant's conduct was the cause of Plaintiff's fall.

Result

Defendant Vallarta's motion for summary judgment was granted.