Torts I, Pages 247–248

Jasko v. F.W. Wollworth Co.

Supreme Court of Colorado, 1972

Facts:

Plaintiff was injured by slipping on a piece of pizza by the pizza-hoagie counter in defendant's store. The pizza was not dropped by an employee of defendant's nor was defendant told of the pizza being on the floor.

Procedural History:

Trial court directed a verdict for the defendant, which the appeals court affirmed.

Issue:

Is notice needed for the specific incident in question?

Plaintiff's Argument:

Notice was constructively given as the defendants sold pizza on wax paper to be eaten standing up. Defendants often had to clean the floor due to the dropped pizzas creating dangers.

Reasoning:

Defendant knew that their business model created a hazard, yet did not take reasonable measures to prevent this. As they knew that such a situation was likely to occur, they did not need to be notified that it actually had.

Judgment:

Reversed and remanded to trial court for new trial.

Rule/Holding:

When the "operating methods" present a continuous or easily foreseeable danger, notice is not needed for an individual event thereof.

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