Wells
Wells v. Grocery Outlet CA1/3
Opinion
Opinion
facts when she, in fact, had prepared and filed one; (5) failing to rule on the issue of res ipsa loquitur; and (6) denying her request for a stay of the proceedings. We reject the contentions and affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Wells was grocery shopping at the Grocery Outlet in Oakland on July 5, 2009, when she reached for a can of ravioli on a display and 10 to 12 other cans fell on her, striking her arm, knee, upper thigh, and foot. An employee who came to her aid and a “manager, who helped, admitted that the cans were not stacked properly.” The manager
1 offered to call an ambulance but Wells declined the offer. The manager gave Wells a cane because she “could not put weight on [her] foot.” Based on her husband’s suggestion, Wells went to see a doctor, who took an x-ray and informed her that she had arthritis in her knee. He referred her to a knee specialist, who informed her that she would need knee replacement surgery. Wells filed a personal injury complaint against Grocery Outlet alleging causes of action for general negligence and premises liability. She alleged that Grocery Outlet “failed to maintain the grocery store in a reasonably safe…