Maria Rosengren v. SF Markets, LLC

Summary

The United States District Court for the Central District of California granted SF Markets, LLC’s unopposed motion for summary judgment in Maria Rosengren’s action alleging general negligence, premises liability, and negligent infliction of emotional distress. The court held that Rosengren presented no evidence that SF Markets had actual or constructive knowledge of the cherry on which she slipped. Judgment was entered for SF Markets on all claims.

Holdings

1. SF Markets was entitled to summary judgment because Rosengren produced no evidence that SF Markets had actual or constructive knowledge of the cherry in sufficient time to correct the dangerous condition.
2. SF Markets was entitled to summary judgment on the negligent-infliction-of-emotional-distress claim because Rosengren could not prove the necessary elements of negligence where there was no actual or constructive notice of the dangerous condition.

Questions Presented

1. Whether SF Markets was entitled to summary judgment on Rosengren's general-negligence and premises-liability claims because there was no evidence that it had actual or constructive knowledge of the cherry before the fall.
2. Whether SF Markets was entitled to summary judgment on Rosengren's negligent-infliction-of-emotional-distress claim because the absence of actual or constructive notice prevented proof of the necessary negligence elements.

Disposition

other