ORTEGA v. KMART CORPORATION

No. B131083.

99 Cal.Rptr.2d 451 (2000)

83 Cal.App.4th 175

Richard M. ORTEGA, Plaintiff and Respondent, v. KMART CORPORATION, Defendant and Appellant.

Court of Appeals of California, Second District, Division One.

Review Granted November 15, 2000.


Attorney(s) appearing for the Case

Law Offices of Diane Goldman and Diane Goldman, Los Angeles, for Defendant and Appellant.

Law Office of Richard A. Lense and Richard A. Lense, for Plaintiff and Respondent.


ORTEGA, J.

Plaintiff and his fiancee were shopping in defendant's market. At the milk aisle, plaintiff put a carton of milk into his shopping cart and immediately slipped on a puddle of milk. He suffered significant injuries to his knee, including ligament tears. The jury awarded him $47,200 in damages. The trial court denied defendant's motions for a new trial and for judgment notwithstanding the verdict.

Neither side can point to any evidence of how long...

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