BROWN V. POWAY UNIFIED SCHOOL DISTRICT 843 P.2d 624 (1993) CASE BRIEF

BROWN V. POWAY UNIFIED SCHOOL DISTRICT

843 P.2d 624 (1993)

NATURE OF THE CASE: Poway (D) appealed a reversal by the Court of Appeals of the trial court's summary judgment for D in Brown's (P) suit to recover damages for the injuries he sustained in a slip-and-fall accident.

FACTS: Brown (P) sued defendant Poway Unified School District (D) after he slipped and fell on P was delivering computers to D's building at 9:30 a.m. on Monday morning and slipped and fell. The employees of D who helped P to his feet found a fresh slice of lunch meat stuck to the sole of his shoe. P sued D. No one saw lunch meat on the hallway floor prior to the accident. D moved for summary judgment. Because there was no evidence that D had notice of the allegedly dangerous condition, the superior court ruled that D could not be liable under subdivision (b). ( 835, subd. (b).) D also moved for summary judgment under subdivision (a), reasoning that there was no evidence to show that an employee of D had created the allegedly dangerous condition. (See 835, subd. (a).) In opposition, P argued that the doctrine of res ipsa loquitur applied and that, because the doctrine permits the trier of fact to presume negligence, summary judgment was inappropriate. The trial court rejected P's argument, granted the motion for summary judgment, and entered judgment for the District. The Court of Appeal reversed. The court held both that the doctrine of res ipsa loquitur applied under the facts of the case and that the resulting presumption of negligence established a prima facie case under section 835, subdivision (a). D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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