A 15-year-old suit over a slip and fall on oranges at the Ontario Mills Shopping Center was properly dismissed, the California Second District Court of Appeal, Division Two, ruled.
The Oct. 25 ruling was certified for publication Nov. 21, setting precedent on how recent a janitor would have to have cleaned a location before their employee is found liable for a fall.
On Dec. 31, 2007, Grace Gonzalez slipped on oranges in the Ontario Mills Shopping Center. The fruit’s origins were never discovered. Gonzalez filed suit alleging premises liability two years later.
The shopping center proved that their janitor cleaned the walkway eight minutes before Gonzalez fell. The janitor’s movements were monitored both by a cell phone application, which automatically checked in with walkway monitors that logged the janitor’s movements.
The court found that the employee training and maintenance programs reasonably ensured regular inspections of the walkways.
“We therefore agree with the trial court that, under those circumstances, defendants lacked constructive knowledge of the spilled oranges in time to prevent plaintiff’s fall, and they cannot be held liable in negligence for her injuries,” the court ruled.
Case information
Arturo Salinas of the Law Office of Jacob Emrani represented Gonzalez.
Peter Garrell, John Kennedy and Samantha Weinstein of Garrell Cohon Kennedy represented Ontario Mills.
San Bernardino Superior Judge Wilfred Schneider presided over the case.
Acting Presiding Justice Art McKinster wrote the ruling, which Justices Carol Codrington and Frank Menetrez joined.
San Bernardino Superior Court Case No. CIVDS1938974
Appellate Case No. E081220
Read the ruling here.
Photo is from I-10 Exit Guide.
