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Crook v. Racetrac Petroleum Inc.

In an action for injuries incurred when the plaintiff slipped and fell in a puddle of gasoline, the reasonableness of the defendant's procedure of inspecting the property for spills every two hours was a question for the jury.

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Denise Crook appeals from the grant of summary judgment to RaceTrac Petroleum, Inc. in this slip-and-fall premises liability case. The trial court determined that RaceTrac’s inspection program was reasonable as a matter of law and, therefore, it did not have constructive knowledge of the gas spill that caused Crook’s injuries. Because we find that a jury issue existed as to whether the inspection schedule was reasonable under the circumstances presented, we reverse and remand for further proceedings.

We review the trial court’s grant of summary judgment de novo to determine if the evidence demonstrates any genuine issue of material fact. To prevail, the moving party must demonstrate that there are no genuine issues of any material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, support judgment as a matter of law.

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