Calderon-Ortega v. United States

Plaintiff sued the United States under the Federal Tort Claims Act, alleging that personnel at the Fort Buchanan Post Exchange Store in Puerto Rico had been negligent in failing to both prevent and clean up a spill on the floor, which Plaintiff slipped on, causing her to be injured. After a bench trial, the district court entered judgment in favor of the United States based on Plaintiff’s failure to establish Defendant’s actual or constructive knowledge of the spill. The First Circuit Court of Appeals affirmed, holding that the district court correctly found that Plaintiff failed to carry her burden of making a clear and specific determination on negligence where Plaintiff did not establish that Defendant had either actual or constructive knowledge of the dangerous condition that caused her injuries. View "Calderon-Ortega v. United States" on Justia Law