Diller v. Safeway Stores, Inc.

The controlling issue in this case, according to the majority, is whether there was any substantial evidence from which the jury could have properly found, as it apparently did, that defendant knew or should have known of the ice or water on the floor on which plaintiff claims to have slipped.

Thus, the majority ends its opinion by stating that:

"We conclude that in this case there was no evidence that the ice and water had been on the floor for such a length of time that defendant, by reasonable diligence, should have discovered and removed it. * * *”

In support of this conclusion the majority…