Facts
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JB’s Convenience Store (JB’s) was a service station owned and managed by Mosleh Aydha.
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Janet Evans went to JB’s to pump gas.
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While pumping gas, Evans slipped and fell in the area between her car and the gas pump.
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Evans fell hard enough that her head hit the ground, bounced, and struck the pavement again.
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Evans alleged she slipped on an oily spot on the pavement near the pump and claimed JB’s was not maintained in a reasonably safe condition.
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Evans’s own description of the substance and spot was relatively nonspecific when compared to other evidence.
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Evans’s adult daughter went to the service station shortly after the incident and submitted an affidavit stating:
- she saw Evans’s vehicle at the pump and a spot of black oily residue or sludge near the pump,
- the spot looked dirty and slippery, and
- it was apparent to her that the spot had been on the pavement for at least several days.
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Evans sued Aydha for premises-liability negligence.
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Aydha moved for summary judgment, arguing Evans could not show that JB’s created the condition, had actual knowledge of it, or that it existed long enough to charge JB’s with constructive notice.
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The circuit court granted summary judgment for Aydha, reasoning there was no evidence of what the spot was, how it got there, how long it had been there, or whether Aydha knew or should have known about it.
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Evans appealed.
Issues
- Whether Evans presented sufficient evidence to create a genuine issue of material fact that the alleged oily spot existed long enough, or in such a condition, that JB’s had constructive notice of it, making summary judgment improper.
Decision
- The Mississippi Court of Appeals reversed the summary judgment and remanded for further proceedings.
- Viewing the record in Evans’s favor, the court held the daughter’s affidavit describing a dirty, black oily residue or sludge that appeared to have been present for several days supported a reasonable inference that the condition was not newly formed.
- The appellate court concluded the trial court improperly discounted that evidence and effectively demanded direct proof of the substance’s origin and duration, rather than allowing circumstantial proof and reasonable inferences.
- Any claimed inconsistency between Evans’s and her daughter’s descriptions, and whether they referred to the same spot, raised fact and credibility questions for the jury, not issues to be resolved on summary judgment.
Legal Principles
- A premises owner or operator owes a business invitee a duty of reasonable care to keep the premises reasonably safe and to warn of dangerous conditions that are not open and obvious when the owner has notice of the condition.
- In a slip-and-fall case, an invitee may establish liability by showing: (1) the owner’s negligence created the dangerous condition; (2) the owner had actual knowledge of the condition and failed to act; or (3) the condition existed for a sufficient time to charge the owner with constructive notice.
- Constructive notice may be shown through circumstantial evidence that a condition existed long enough that, using ordinary care, the owner should have discovered and corrected it or warned invitees.
- On summary judgment, courts must view evidence in the light most favorable to the nonmovant, draw reasonable inferences for that party, and avoid weighing evidence or deciding witness credibility.
Conclusion
Evans v. Aydha holds that, in a Mississippi premises-liability slip-and-fall case, an affidavit describing a dirty, slippery-looking oily residue near a gas pump and stating it appeared to have been present for days can create a triable fact issue on constructive notice, so summary judgment for the premises owner is improper.