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CHIARA v. FRY'S FOOD STORES OF ARIZONA, INC.

No. CV-86-0047-PR.

152 Ariz. 398 (1987)

733 P.2d 283

Nancy P. CHIARA and Richard A. Chiara, wife and husband, Plaintiffs-Appellants, v. FRY'S FOOD STORES OF ARIZONA, INC., a California corporation; and Fry's Food Stores, Inc., a California corporation, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

February 17, 1987.

Attorney(s) appearing for the Case

John V. Riggs, Ltd. by John V. Riggs, Phoenix, for plaintiffs-appellants.

Holloway & Thomas, P.C. by Benjamin C. Thomas and Randy L. Sassaman, Phoenix, for defendants-appellees.

JACK D.H. HAYS, Justice, Retired.

Plaintiff-appellant, Nancy P. Chiara (Chiara), slipped on some creme rinse in a store owned by defendant-appellee, Fry's Food Stores (Fry's). Neither Chiara nor Fry's employees could explain how the creme rinse fell to the floor nor estimate how long it had remained on the floor. Chiara argued that the "mode-of-operation" rule allowed her to prove negligence without demonstrating that Fry's had either actual or constructive notice...

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