Brant v. Market Basket Stores, Inc.

The trial court dismissed this slip-and-fall ac tion at the conclusion of the plaintiff’s 1 case, taking the position that there was no proof of negligence and, further, that if there was a dangerous condition existing at the place where the plaintiff slipped and fell, there was no showing that the defendant (Market Basket Stores, Incorporated) or its employees knew or should have known of its existence.

We recognize that our consideration of such an appeal is governed by the rule recently restated in Merrick v. Sears, Roebuck & Co., 67 Wn.2d 426, 428, 407 P.2d 960 (1965):

A motion for…