United States District Court, D. Nevada
HOFFMAN, JR. UNITED STATES MAGISTRATE JUDGE 
before the court is defendant Outback Steakhouse of Florida,
LLC's (“Outback”) motion for summary judgment
(ECF No. 50), filed on October 16, 2017. Plaintiff Linda
Garcia-Garrido filed a response (ECF No. 52) on November 1,
2017. Outback filed a reply (ECF No. 54) on November 15,
before the court is Outback's alternative motion for
partial summary judgment (ECF No. 51), filed on October 16,
2017. Garcia-Garrido filed a response (ECF No. 53) on
November 2, 2017. Outback filed a reply (ECF No. 55) on
November 15, 2017.
case arises out of a slip-and-fall incident at an Outback
restaurant in Las Vegas on March 26, 2014. (Def.'s Mot.
Summ. J. (ECF No. 50) at 2; Compl. (ECF No. 1-2) at ¶
6.) Garcia-Garrido, who was a patron at the restaurant on a
dinner date, sued Outback in Nevada state court for
negligence (claim one) and negligent hiring and supervision
(claim two) for injuries she allegedly sustained when she
slipped and fell. (Compl. (ECF No. 1-2) at ¶¶
5-21.) Outback subsequently removed the case to this court.
(Pet. for Removal (ECF No. 1).)
discovery, in response to an interrogatory asking her to
describe how the slip-and-fall incident occurred,
Garcia-Garrido stated when she “got up from the table
to leave, she took a few steps toward the exit, and slipped
on an unknown substance that was on the floor, causing
injuries and damages to her person.” (Def.'s Mot.
for Summ. J. (ECF No. 40), Ex. 1 at 5.)Several months later,
Garcia-Garrido supplemented her interrogatory response to
state that when she “got up from the table to leave,
she took a few steps toward the exit, and believes she
slipped on a tomato-like substance that was on the floor,
causing injuries and damages to her person.”
(Def.'s Mot. for Summ. J. (ECF No. 40), Ex. 2 at 5.)
deposition, Garcia-Garrido testified that after finishing
dinner with her date, Jacques Ryland, she got up from the
table to leave and took about two or three steps when she
slipped and fell. (Id., Ex. 3 at 6.) Specifically,
she testified it “felt as though I stepped on
something. I think it was probably a tomato or a piece of
tomato.” (Id.) Garcia-Garrido stated, however,
that she did not look at the floor to see what may have
caused her to fall:
Q: Did you ever look at the floor to see what may have caused
you to fall?
A: No, but I'm sure it was a piece of tomato because I
felt-you know, tomato is kind of moist and has like a
little-the skin is very slippery and just made me slide very
quickly. I'm not sure. That's really what I think.
Q: It would be fair to say you think you slipped on a tomato,
but you didn't see it?
A: No, I did not see it.
(Id. at 9; see also id., Ex. 1 at 6:3-4,
Ex. 2 at 6:3-4.) She further testified that she did not know
how long the substance had been on the ground:
Q: Whatever it was do you know how long it was there before
A: Enough for me to fall.
Q: But do you know actually how long it was on the floor