Lesley v. Thrifty Payless
Filed 7/19/06 Lesley v. Thrifty Payless CA2/4
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FOUR
BRADLEY LESLEY et al., Plaintiffs and Appellants, v. THRIFTY PAYLESS, INC., Defendant and Respondent. | B184467 (Los Angeles County Super. Ct. No. LC068582) |
THRIFTY PAYLESS, INC., Cross-complainant and Respondent, v. CARRIER COMMERCIAL REFRIGERATION, INC., Cross-defendant and Appellant. |
APPEALS from a judgment and an order of the Superior Court of Los Angeles County, Michael B. Harwin, Judge. Lesley's appeal reversed and remanded. Carrier Commercial Refrigeration's appeal dismissed.
Law Offices of Masry & Vititoe, James W. Vititoe and Steven L. Mazza; Law Offices of Robert H. Pourvali and Robert H. Pourvali for Plaintiffs and Appellants.
Robie & Matthai, Edith Matthai, Kyle Kveton, and Ronald P. Funnell for Cross-defendant and Appellant Carrier Commercial Refrigeration, Inc.
Dunbar & Associates, Kevin T. Dunbar, and Jazmine Torres for Defendant, Cross-complainant, and Respondent Thrifty Payless, Inc.
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In Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200 (Ortega), the Supreme Court held that if a plaintiff sustains injuries upon encountering a dangerous condition in a defendant's store, but there is â€