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Ortega v. Kmart Corp.
Supreme Court of California
36 P.3d 11, 114 Cal.Rptr.2d 470, 26 Cal.4th 1200 (2001)
- Written by Michael Beverly, JD
Facts
Richard Ortega (plaintiff) slipped on a puddle of milk and fell at a Kmart (defendant), causing injuries to his knee. Ortega offered testimony of a Kmart manager that estimated that an employee should generally walk down the aisle where the spill occurred every 15 to 30 minutes. Kmart did not keep a record of when the store was inspected for spills. The jury found in favor of Ortega, the court of appeal affirmed, and Kmart appealed.
Rule of Law
Issue
Holding and Reasoning (Chin, J.)
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