Lori K. O’Tool and Amber Hazelquist recently obtained summary judgment dismissal of a slip and fall case on behalf of their restaurant client. Plaintiff alleged the restaurant was liable for injuries arising from her slip and fall because the floor was mysteriously “slippery” and the “slippery” nature of the floor was an unreasonably dangerous condition. Plaintiff presented late filed declarations of friends and relatives regarding having previously slipped on the restaurant’s floor to support her assertions the floor was unreasonably dangerous and the restaurant knew or should have known. These declarations did not provide when the alleged slips occurred or that the declarants ever put the restaurant on notice. Snohomish County Superior Court Judge George Appel agreed with the defense that Plaintiff was unable to meet her burden of proving the existence of an unreasonably dangerous condition of which the restaurant knew or should have known. Judge Appel found the lack of any evidence the restaurant was aware of a slippery floor and lack of evidence of prior slip and fall injuries important in granting Defendant’s motion. Plaintiff’s attorney, who had taken no depositions and served no written discovery until a week after the filing of Defendant’s motion, sought a continuance pursuant to CR 56(f) to conduct additional discovery. Judge Appel denied the motion to continue in light of the lack of reasonable excuse for the delay in completing discovery and lack of evidence additional discovery might reveal some prior knowledge by the restaurant of the alleged unreasonably dangerous condition.
