Friday, October 10, 2014

Jasko v. F.W. Woolworth case brief summary

Jasko v. F.W. Woolworth case brief summary

F: P was injured when she slipped on a piece of pizza that was on the floor in the D store.
The store sold pizza by the slice on wax paper, and the customers regularly stood and ate.
I: Whether notice of a dangerous condition causing the injury is necessary to support a negligence action in the case where dangerous conditions are continuous or easily foreseeable
R: When the operating methods of a proprietor are such that dangerous conditions are continuous or easily foreseeable, then actual or constructive notice of the specific condition need not be proved
A: The dangerous condition was created by the store’s method of sale. The steps taken to constantly clean the store show the owner recognized the danger.
Selling pizza on waxed paper, to customers standing, creates a reasonable probability that food will drop.
Notice is not required under these situations.
Where the store’s operation creates the danger continuously they are easily foreseeable, and notice is not required.
C: reversed for new trial.
Co: banana plantation case: banana is falling every time It is plain that pizza falling is reasonably foreseeable. (Ordinary rather than extraordinary)

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