[DOWNLOAD] "Chiara v. Frys Food Stores of Arizona Inc." by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: Chiara v. Frys Food Stores of Arizona Inc.
- Author : Arizona Supreme Court
- Release Date : January 17, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Plaintiff-appellant, Nancy P. Chiara (Chiara), slipped on some creme rinse in a store owned by defendant-appellee, Frys Food Stores (Frys). Neither Chiara nor Frys 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 Frys had either actual or constructive notice of the spilled creme rinse. Nevertheless, the trial court granted pretrial summary judgment in favor of Frys apparently because Chiara could not demonstrate that Frys had notice of the spill. Chiara appealed and the court of appeals in a memorandum decision affirmed the trial courts decision (Chiara v. Frys Food Stores of Arizona, Inc., 1 CA-CIV 7584, filed Dec. 19, 1985). We granted review in order to clarify the scope of the "mode-of-operation" rule. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and Ariz.R.Civ.App.P. 23, 17A A.R.S.
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