Wiltse v. Albertson's Inc.

Callow, J.*

The plaintiff, Steven Wiltse, slipped and fell in water that came from a hole in the roof of the defendant, Albertson's Incorporated, self-service grocery store. At trial, the court instructed the jury that the plaintiff had the burden of proving that this condition had "existed for a sufficient length of time and under such circumstances that defendant or defendant's employees should have discovered it in the exercise of ordinary care."

The issue is whether the trial court erred in instructing the jury that the plaintiff had the burden of proving actual or constructive notice of…