Legal Opinion · Dissent

De Weese v. JC PENNY COMPANY

Utah Supreme Court

Decided May 25, 1956No. 8347Published

1DissentHenriod, Justice

I am unable to agree with the decision here when read in the light of Gaddis v. Ladies Literary Club,1 a recent case decided by this court. In that case there was testimony that the floor was slippery, as was the testimony here, yet this court would not permit the case to go to the jury.

Nor can I agree with the pronouncements in this case which, in substance and effect, declare terrazzo, as such, to be dangerous per se, nor with the implication of the main opinion that because people customarily use mats on terrazzo in wet weather, that they are negligent if they do not use such mats.

Furthermo…

2Cases cited1 opinion

  1. Gaddis v. Ladies Literary ClubUtah Supreme Court · 1955

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