Sprague v. Lucky Stores, Inc.

OPINION

Appellant Norman Sprague (Sprague) claims to have slipped and fallen on a grape in the produce section of respondent Lucky Supermarket (Lucky). Sprague brought suit for injuries sustained in the fall, and Lucky subsequently filed a motion for summary judgment, which the district court granted. We hold that material issues of fact exist as to whether: (1) there was a continual buildup of debris on Lucky’s produce department floor; (2) the existence of such debris put Lucky on constructive notice that a hazardous condition could exist on the floor at any time; and (3) Lucky unreasonably…