JASKO v. F.W. WOOLWORTH CO. Sup. Ct. of Colo., 177 Co. 418, 494 P.2d 839 (1972). CASE BRIEF

JASKO V. F.W. WOOLWORTH CO.

Sup. Ct. of Colo., 177 Co. 418, 494 P.2d 839 (1972)

NATURE OF THE CASE: This is an appeal for the denial of damages from negligence.

FACTS: Jasko (P) was injured when she slipped on a piece of pizza on the terrazzo floor near the pizza hoagie counter in Woolworth's (D) store. P sued. P did not claim or show that the alleged pizza was placed or dropped on the floor directly by D or one of its employees or that D knew of its existence. P contended that D's method of selling pizza was one which leads inescapably to such mishaps and that because of this course of conduct, conventional notice requirements need not be met. The very practice of selling slice of pizza on waxed paper to those who consume it while standing creates the reasonable probability that the food will fall on the floor. Judgment was entered for D because the trial court held that P failed to show that D had actual or constructive notice of the pizza on the floor. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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