Statement of Facts
Jerry Newhouse, the plaintiff in this matter, was in defendant’s Lion’s Paint Store shopping for paint. Around 10:30 am, while Jerry was in the third aisle of the store, he slipped & fell on paint that had spilled from an open container. The manager of the Lion’s Paint Store claims that the store was unaware of the spilled paint on the floor. Store policy requires employees to check the aisles at the beginning of each hour. According to Lion’s Paint Store records, an employee inspected the floor at 10:00 am. The last inspection therefore occurred approximately ...