Gray•Duffy Attorney Defends Retail Client from Accident Liability

May 2005

Gabriel H. Wainfeld from Gray•Duffy’s Encino office obtained a defense verdict in a case involving an accident at a retail store. Mr. Wainfeld represented a retail establishment against a claim by plaintiff arising out of a slip and fall accident. Plaintiff alleged that the retail establishment had notice of a dangerous condition which caused her to slip and fall.

Plaintiff testified that she slipped and fell in one of the aisles in the store. She later saw water on the floor. She testified the accident occurred at between 3:45 p.m and 4:15 p.m. Mr. Wainfeld argued that defendant did not have actual or constructive notice of the dangerous condition. Mr. Wainfeld introduced an inspection report which showed that an inspection took place at 3:40 p.m. on the day of the accident.

Plaintiff argued that the inspection report was not reliable. Mr. Wainfeld brought in the manager and assistant manager who were on duty at the time of the accident to testify as to the inspection procedures. Mr. Wainfeld argued that there was no evidence as to how long the condition was on the floor for.

Plaintiff alleged soft tissue injuries and aggravation of an asthma condition. She also alleged the accident caused her to have a sleeping disorder. Plaintiff alleged she was not able to pass her nursing exam and was claiming loss of earning capacity.

The jury ruled in favor of defendant and found that there was no notice on the part of defendant of the dangerous condition.

Marivec Dy v. 99 Cents Only Stores, Ventura County Superior Court Case No. SC038250.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.