Guerrero v McDonald's International Property Company Ltd [2006] GUSC 2; 2006 Guam 02 (8 March 2006)

IN THE SUPREME COURT OF GUAM

YOUNG JA GUERRERO,
Plaintiff-Appellant,

vs.

McDONALD’S INTERNATIONAL PROPERTY COMPANY, LTD.,
and AMERICAN HOME ASSURANCE COMPANY,
Defendants-Appellees.

Supreme Court Case No.: CVA04-029
Superior Court Case No.: CV1643-00

OPINION

Filed: March 8, 2006

Cite as: 2006 Guam 2

Appeal from the Superior Court of Guam
Argued and submitted on May 19, 2005
Hagåtña, Guam

Appearing for the Plaintiff-Appellant: Peter C. Perez, Esq. Lujan, Unpingco, Aguigui & Perez, LLP Pacific News Bldg. Ste. 300 238 Archbishop Flores St. Hagåtña, Guam 96910

Appearing for the Defendant-Appellees: Michael D. Flynn, Jr., Esq. Maher, Yanza, Flynn, Timblin, LLP 115 Hessler Pl. Ground Flr. Governor Joseph Flores Bldg. Hagåtña, Guam 96910

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; FRANCES M. TYDINGCO-GATEWOOD, Associate Justice, ROBERT J. TORRES, JR., Associate Justice.

TYDINGCO-GATEWOOD, J.:

[1] Appellant Young Ja Guerrero appeals from the trial court’s grant of summary judgment in a slip and fall case in favor of Appellee McDonald’s Corporation. The trial court held that mere proof of a fall, and proof of a foreign substance on the floor, were insufficient to show that McDonald’s caused the dangerous condition, or had actual or constructive knowledge of the dangerous substance on the floor, such that it breached its duty of reasonable care. We agree with the conclusion of the trial court and affirm.

I.

[2] On January 2, 2000, sometime between 2:00 p.m. and 3:15 p.m., Guerrero and her family were eating at the Tamuning McDonald’s. As she was exiting the restaurant, she slipped on a substance and fell. The apparent location of the slip is variously described as "[a]s she was walking out," or as she "was exiting the door." Appellant’s Brief, at 11-12, 13 (Feb. 15, 2005). McDonald’s, on the other hand, first states that Guerrero "inexplicably fell outside McDonald’s," Appellee’s Brief, at 6 (Mar. 18, 2005), but later states she fell "upon exiting the Tamuning McDonald’s." Appellee’s Brief, at 8 (Mar. 18, 2005). She is permanently injured as a result of the fall.

[3]