Legal Opinion
Dargon v. Kirk
District Court, D. Colorado
Decided December 29, 1986No. Civ. A. No. 85-K-0678PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
KANE, District Judge.
This case involves a slip-and-fall accident in the Tippler Cafe in Aspen, Colorado. Plaintiff alleges he was dancing on the dance floor and slipped on a wet substance. Defendant Kettle Corporation d/b/a Tippler Cafe has moved for summary judgment arguing its duty to the plaintiff was not breached because it had no actual or constructive notice of a dangerous condition. Obviously this is an issue of fact making a summary proceeding impossible.
Summary judgment is a drastic remedy and cannot be granted when a genuine issue exists as to any…
2Cases cited15 opinions
- Jones v. DresselSupreme Court of Colorado · 1981
- Jasko v. F. W. Woolworth Co.Supreme Court of Colorado · 1972
- Safeway Stores, Inc. v. Smith, Jr.Supreme Court of Colorado · 1983
- Henry Alaniz, Administrator of the Estate of Elias Alaniz, Deceased v. United StatesCourt of Appeals for the Tenth Circuit · 1958
- Munoz v. Prudential Insurance Co. of AmericaDistrict Court, D. Colorado · 1986
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3Cited by3 opinions
- Golba v. Kohl's Dept. Store, Inc.Indiana Court of Appeals · 1992
- Golba v. Kohl's Dept. Store, Inc.Indiana Court of Appeals · 1992
- Van Alstine v. Costco Wholesale CorporationDistrict Court, D. Colorado · 2025