Torts Keyed to Franklin
Negri v. Stop and Shop, Inc.
Plaintiff fell in Defendant’s store and struck her head on the floor. Plaintiff sued, claiming that there were several jars of broken baby food on the floor of the aisle where she fell and that they were dirty and messy, indicating they’d been broken for some time. Evidence at trial showed that a witness had not heard the sound of any jars falling or breaking in the 15-20 minutes prior to Plaintiff’s fall and that the aisle had not been inspected for at least 50 minutes and possibly as long as two hours before the fall. Plaintiff claimed that Defendant had constructive notice of a dangerous condition that injured its customers and did nothing to remedy it. The trial court found for Plaintiff, the appellate division reversed, and Plaintiff appealed.
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