Summary of Jasko v. F.W. Woolworth Co, S. Ct of Colorado, 1972
Relevant Facts: Pl was injured when she slipped on a piece of pizza that was on the floor near the counter in the Df store. The store sold pizza by the slice on wax paper and hoagie sandwiches. The customers regularly stood and ate.
Legal Issue(s): Whether notice of a dangerous condition causing the injury is necessary to support a negligence action in this case?
Court’s Holding: No
Procedure: Ct of App judgment is reversed for new trial.
Law or Rule(s): Exercise of ordinary care and prudence a person would observe under similar circumstance. Notice requirement is for dangers that are out of the ordinary.
Court Rationale: The dangerous condition was created by the store’s method of sale. The steps taken to constantly clean the store show the owner recognized the danger. Selling pizza on waxed paper, to customers standing, creates a reasonable probability that food will drop. Notice is not required under these situations. Where the store’s operation creates the danger continuously they are easily foreseeable, and notice is not required.
Plaintiff’s Argument: The df was aware of the dangerous conditions that they created and failedto exercise ordinary reasonable care.
Defendant’s Argument: Df constantly cleaned around the counter, and was unaware how the pizza rested onto the floor.