Price v. Smith's Food & Drug Centers, Inc.
2011 UT App 66
| Utah Ct. App. | 2011Background
- Price slipped on a water puddle in a Smith's grocery store in American Fork, Utah, injuring her arm, hip, and back.
- Pyggy, Inc. (Market Source West) demonstrated meat/cheese samples in the store; Smith's did not supervise or control Pyggy's demonstration area.
- Water source attributed to Pyggy's demonstration table; Tyler, the demonstrator, denied leaving water at the table.
- Store manager Brown suspected the puddle originated from Tyler's table, but Tyler denied presence of water and warned of food-safety risk.
- Smith's floor inspection logs did not record the puddle; Price sues Smith's for direct premises liability and for vicarious liability based on Pyggy's conduct.
- The trial court granted summary judgment for Smith's; on appeal, the Utah Court of Appeals reverses in part and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive knowledge of the temporary condition | Price argues Smith's knew/should have known of the puddle. | Smith's contends lack of evidence on duration prevents constructive notice. | Some evidence supports appreciable time on floor; constructive notice shown. |
| Food demonstrator doctrine as extra duty exception | Smith's failure to inspect post-demonstration area creates extra duty. | Supreme Court rejected food demonstrator exception; no special duty. | Food demonstrator theory foreclosed; no extra duty recognized. |
| Vicarious liability for independent contractor and nondelegable duty | Smith's delegated cleaning duty to Pyggy; liability should follow. | No delegation of duty; Pyggy not Smith's agent; no nondelegable duty shown. | No vicarious liability; no nondelegable duty established. |
Key Cases Cited
- Ohlson v. Safeway Stores, Inc., 568 P.2d 753 (Utah 1977) (constructive notice based on duration of spill evidence)
- Jex v. JRA, Inc., 2008 UT 67, 196 P.3d 576 (Utah 2008) (no constructive notice where duration of hazard is unproven)
- Allen v. Federated Dairy Farms, Inc., 538 P.2d 175 (Utah 1975) (temporary condition no duty-shift exception; due care standard apply)
- Long v. Smith Food King Store, 531 P.2d 360 (Utah 1973) (no food demonstrator exception; higher duty not recognized)
- Lindsay v. Eccles Hotel Co., 284 P.2d 477 (Utah 1955) (insufficient evidence of duration/causation for constructive notice)