Elmer O. Allen v. Federated Dairy Farms

Plaintiff Elmer O. Allen sued for injuries suffered when he slipped on some cottage cheese on the floor of defendant Albertsons store in Roy, Utah, which apparently came from samples being given to customers by defendant Federated Dairy Farms, Inc. On the basis of the pleadings, depositions and documentary evidence, the court granted the motion of both defendants for summary judgment on the ground that upon the plaintiffs own contentions as to the facts and the law applicable thereto, he could show no entitlement to redress. Plaintiff appeals, arguing that there are disputed issues of fact which should have been submitted to the jury, and which, if resolved in his favor would entitle him to recover.