PIMENTEL v. ROUNDUP COMPANY

No. 49155-1.

100 Wn.2d 39 (1983)

666 P.2d 888

PATRICIA J. PIMENTEL, Respondent, v. ROUNDUP COMPANY, Petitioner.

The Supreme Court of Washington, En Banc.

June 30, 1983.


Attorney(s) appearing for the Case

Brooks & Larson, P.S., by Terry A. Brooks and Philip A. Lamb, for petitioner.

J. Michael Koch and Kevin P. Moran, for respondent.

Robert C. Keating on behalf of Washington Association of Defense Counsel, amicus curiae for petitioner.

Bryan P. Harnetiaux and Robert H. Whaley on behalf of Washington Trial Lawyers Association, amici curiae for respondent.


PEARSON, J.

Defendant Roundup Company (d/b/a Fred Meyer Store) appeals a decision of the Court of Appeals reversing a defense verdict in an action for injuries caused when a paint can fell on plaintiff's foot.

The case presents two issues. The first issue is whether plaintiff, in order to establish liability, must show that the operator of a self-service style store had actual or constructive notice of the specific unsafe condition in the store which caused...

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