Mode of operation instruction not proper for spill at casino, but summary judgment denied.

The plaintiff’s slip and fall on liquid on the concourse area in a casino was due to a patron’s spilling a beverage. Video showed the fall occurring four minutes after the spill. There was no nexus between the beverage spilled and any self-service area; therefore, the mode of operation rule did not apply. However, a jury question still existed as to notice; therefore, summary judgment was denied.

_{Case Law Alerts, 3rd Quarter, July 2016}

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