WILTSE v. ALBERTSON'S INC.

No. 55727-6.

116 Wn.2d 452 (1991)

805 P.2d 793

STEVEN R. WILTSE, ET AL, Respondents, v. ALBERTSON'S INCORPORATED, Petitioner.

The Supreme Court of Washington, En Banc.

February 28, 1991.


Attorney(s) appearing for the Case

MacGillivray & Jones, P.S., by Stephen C. Haskell and Steven R. Stocker, for petitioner.

Lewis M. Schrawyer, Henderson & Nichols, P.S., and Robert B. Henderson, for respondents.

Timothy J. Whitters on behalf of Washington Defense Trial Lawyers, amicus curiae for petitioner.

Robert H. Whaley and Bryan P. Harnetiaux on behalf of Washington State Trial Lawyers Association, amicus curiae for respondents.


CALLOW, J.*

The plaintiff, Steven Wiltse, slipped and fell in water that came from a hole in the roof of the defendant, Albertson's Incorporated, self-service grocery store. At trial, the court instructed the jury that the plaintiff had the burden of proving that this condition had "existed for a sufficient length of time and under such circumstances that defendant or defendant's employees should have discovered it in the exercise of ordinary...

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