Karpinsky v. American National Insurance Co.

¶ 19. The majority finds that a genuine issue of material fact exists as to whether OraClean had sufficient time to remedy the dangerous condition that caused Kar-pinsky’s fall and injuries. I can find no fact in dispute.

¶ 20. The majority determines that OraClean was not entitled to a judgment as a matter of law. In the majority’s opinion, the triable issue was whether the spill had been on the floor long enough for OraClean to have had a reasonable opportunity to clean it up prior to the fall. The majority simply concludes that since the spill may have been on the floor for no longer than…