Gonzalez v. Interstate Cleaning Corp. et al. (October 25, 2024, Modified and Certified for Publication 11/21/2024, E081220) [2024 WL 4576385]
Plaintiff sued a shopping center and cleaning company for negligence after she slipped and fell in the shopping center. Defendants moved for summary judgment, arguing they had no actual or constructive knowledge of the spill and could not have remedied the condition in time to prevent the fall. Defendants submitted evidence of their rigorous maintenance and inspection training regimen, regular assessments of employee performance, and an automated employee tracking system that demonstrated a janitor’s inspection of the floor eight to nine minutes before the incident.
Plaintiff argued that defendants evidence was insufficient, The trial court granted summary judgment, and plaintiff appealed.
The Court of Appeal affirmed, holding that a premises owner may prove it exercised reasonable care with a declaration from a knowledgeable person explaining the store’s regular maintenance practices and a record of actual inspections conducted within the time frame of plaintiff’s fall. The Court agreed that undisputed evidence demonstrated that defendants actively inspected the floor, and that the eight to nine minute interval between the last inspection and plaintiff’s fall was insufficient to prove constructive knowledge of the dangerous condition.
