Question

Plaintiff Phyllis Toote filed a lawsuit against Pathmark Stores, Inc., a grocery store, and Canada Dry Bottling Company of New York, a bottler and distributor of soda. In her complaint, the plaintiff alleged that the defendants were liable for negligence for injuries she suffered when she fell over cases of soda that were stacked on the floor of the supermarket when she was shopping at the supermarket.
Defendant Pathmark took plaintiff Toote’s deposition, in which she stated that she had entered the supermarket and, on entering the store, immediately walked to the soda aisle. Toote stated that she did not see the soda stacked on the floor before she fell over the soda. In the deposition, Toote stated that she did not know how long the soda had been on the floor before she tripped and fell. Pathmark made a motion for summary judgment, alleging that plaintiff Toote could not establish how long the soda had been on the floor before she fell. The motion court denied Pathmark’s motion for summary judgment, finding that there were questions of fact to be decided by the jury. Pathmark appealed. Should the court grant Pathmark’s motion for summary judgment? Toote v. Canada Dry Bottling Company of New York, Inc. and Pathmark Stores, Inc., 7 A. D. 3d 251, 776 N. Y. S. 2d 42, 2004 N. Y. App. Div. Lexis 6470 ( Supreme Court of New York, Appellate Division, 2004)


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  • CreatedAugust 12, 2015
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