Edenshaw v. Safeway, Inc.

OPINION

CARPENETI, Justice.

I. INTRODUCTION

We accepted certification in this case to determine whether actual or constructive notice of a hazardous condition is an element of a prima facie case in an action against a grocery store owner in a slip-and-fall case. We hold that it is not.

II. FACTS AND PROCEEDINGS

The facts presented to us are sparse. Gerald Edenshaw slipped and fell at the Carr's store in Ketchikan on May 10, 2008. He brought a negligence action against Safeway, Inc. and Carr's. After removal to federal court, Safeway moved for summary judgment, alleging (1) that it had fulfilled…