Ayoub v. Forest Lawn Memorial Parks and Mortuaries, Inc.
Alice Chen Smith and Kimberly Byrge obtained summary judgment today on behalf of a client who owns and operates a cemetery in a premises liability matter venued in Los Angeles Superior Court in which they argued Plaintiff failed to establish Defendant had actual or constructive notice of the existence of a dangerous condition. Specifically, Plaintiff alleged she slipped and fell in a restroom on water and Defendant knew, or reasonably should have known, the light colored flooring concealed the water thereby making it invisible.
Notably, Defendant’s employee, who cleaned the restroom earlier that day, confirmed neither the toilet or sink were leaking and a second employee utilizing the facilities immediate prior to Plaintiff confirmed there was no water/liquid substance on the floor at that time.
On those facts, Plaintiff failed to establish notice and summary judgment was granted.