Legal Opinion

O'Donnell v. Zupan Enterprises, Inc.

Court of Appeals of Washington

Decided August 10, 2001No. 25833-1-IIPublishedCited by 17 opinions

1Opinion of the CourtSeinfeld, J.

In this personal injury action, we hold that a check-out aisle of a grocery store where customers are responsible for unloading their own groceries is a self-service area and, thus, the proprietor is charged with knowledge of the reasonably foreseeable risks inherent in the self-service mode of operation. Consequently, we reverse the order of summary judgment dismissing Sara O’Donnell’s personal injury action against Zupan Enterprises, Inc. (Zupan), and we remand for trial.

FACTS

On the afternoon of her 12th birthday, O’Donnell injured herself when she slipped and fell on a piece of lettuce a…

2Cases cited11 opinions

  1. Young v. Key Pharmaceuticals, Inc.Washington Supreme Court · 1989
  2. Rice v. Dow Chemical Co.Washington Supreme Court · 1994
  3. Iwai v. StateWashington Supreme Court · 1996
  4. Pimentel v. Roundup CompanyWashington Supreme Court · 1983
  5. Iwai v. StateWashington Supreme Court · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Fredrickson v. Bertolino's Tacoma, Inc.Court of Appeals of Washington · 2005
  2. O'DONNELL v. Zupan Enterprises, Inc.Court of Appeals of Washington · 2001
  3. Tavai v. Walmart Stores, Inc.Court of Appeals of Washington · 2013
  4. Charlton v. Toys "R" Us - Delaware, Inc.Court of Appeals of Washington · 2010
  5. Curtis v. LeinCourt of Appeals of Washington · 2009

12 more not listed; retrieve them via the Exa API.

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