ORTEGA v. KMART CORPORATION

No. S091888.

114 Cal.Rptr.2d 470 (2001)

26 Cal.4th 1200

36 P.3d 11

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

Supreme Court of California.

December 20, 2001.


Attorney(s) appearing for the Case

Law Offices of Diane Goldman, Diane Goldman; Sedgwick, Detert, Moran & Arnold, Frederick D. Baker, San Francisco, and Katharine Demgen for Defendant and Appellant.

Kelly, Herlihy & Klein, Jonathan Allan Klein and Rachel Holzberg for California Retailers Association and the National Association of Chain Drug Stores as Amici Curiae on behalf of Defendant and Appellant.

Knox, Lemmon & Anapolsky and Thomas A. Knox, Sacramento, for California Retailers Association as Amicus Curiae on behalf of Defendant and Appellant.

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

Ghitterman & Ghitterman, Allan S. Ghitterman and Russell R. Ghitterman, Santa Barbara, as Amicus Curiae on behalf of Plaintiff and Respondent.


CHIN, J.

We granted review to decide under what circumstances, if any, a store owner may be liable for injuries to a business invitee from a dangerous condition on its premises where the evidence fails to show how long the dangerous condition existed prior to the injury. The cases require that an owner must have actual or constructive notice of the dangerous condition before incurring liability. (Hatfield v. Levy...

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