Tom Getchell et al. v. Rogers Jewelry Court of Appeal, First District February 7, 2012
This is not the typical “slip and fall” case. Plaintiff Tom Getchell (“Getchell”) was a business invitee of defendant Rogers Jewelry Store (“RJS”). He worked at RJS as an independent contractor repairing jewelry. At times he worked in the back break room, which was only accessible to Getchell and RJS employees. On the date of the incident, he was setting up his tools in the break room when he slipped on jewelry cleaning solution and fell, sustaining injuries. Getchell filed a personal injury complaint against RJS alleging negligence and premises liability. He alleged that: 1) he slipped in jewelry cleaning solution in the break room of RJS’s store and; 2) the solution leaked on the floor from its container or was poured on the floor by an RJS employee. Getchell’s wife sued for loss of consortium.
The trial court entered summary judgment in favor of RJS after finding that Getchell failed to establish that RJS had actual or constructive notice of the dangerous condition. Getchell appealed, contending that he was not required to show that RJS had notice because RJS employees created the dangerous condition that caused his injury.
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