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DARGON v. KIRK

Civ. A. No. 85-K-0678.

650 F.Supp. 737 (1986)

Steve DARGON, Plaintiff, v. Rodney E. KIRK, Jr., M.D., and Kettle Corporation d/b/a Tippler Cafe, Defendants.

United States District Court, D. Colorado.

December 29, 1986.

Attorney(s) appearing for the Case

Rowe P. Stayton, Denver, Colo., Edward G. Fitzpatrick, Natugatuck, Conn., for plaintiff.

Bruce A. Montoya, Englewood, Colo., for defendant, Kirk.

Richard D. Greengard, Karen Truce, Greengard and Senter, Denver, Colo., for defendant, Kettle, Corp.

MEMORANDUM OPINION AND ORDER

KANE, District Judge.

This case involves a slip-and-fall accident in the Tippler Cafe in Aspen, Colorado. Plaintiff alleges he was dancing on the dance floor and slipped on a wet substance. Defendant Kettle Corporation d/b/a Tippler Cafe has moved for summary judgment arguing its duty to the plaintiff was not breached because it had no actual or constructive notice of a dangerous condition. Obviously this is an issue of fact...

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