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Tort/Negligence – Summary Judgment – Duty to Warn – Slip & Fall — Dangerous Condition — Open & Obvious Danger – Contributory Negligence
Katibah v. Target Stores Where there is conflicting testimony as to how obvious a danger to a store customer is - in this case, a puddle of urine that caused a fall in the store’s restroom - summary judgment cannot be granted. In addition, because defendant’s motion for summary judgment fails on the duty to warn, defendant’s motion for summary judgment based on the derivative affirmative defense of contributory negligence, based on plaintiff’s failure to notice, cannot be considered.