Arment v. Kmart Corp.

On November 25, 1989, Sharon Arment and her husband Brian were shopping in the Kmart store on Delridge Way S.W. in Seattle. While walking through the menswear department, Ms. Arment slipped on some liquid on the floor between two clothes racks. The liquid was some type of clear soda. According to her husband, a Kmart cup was lying next to the spill. Arment sued Kmart for negligence, relying on the "mode of operation” rule. She alleged that the soda came from the in-store cafeteria Kmart operates at the Delridge store and that Kmart’s operation of the cafeteria created a reasonably foreseeable…