Cruz v. Costco Wholesale Corp.

Plaintiff filed a lawsuit after she slipped and fell while shopping at defendant’s store. The lawsuit alleged that defendant’s employees negligently failed to clean up a drink spilled on the floor. The district court granted summary judgment to the defendant, finding that the undisputed facts showed a lack of constructive notice so that a jury could not find a breach of duty. The Seventh Circuit, however, reversed and remanded, concluding that there was a genuine issue of material fact as to how long the spill had been on the floor and whether defendant, in exercising ordinary care, should have known about it. (SCUDDER and LEE, concurring)