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Crook v. Racetrac Petroleum7/29/2002
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. (Footnotes omitted.) Shepard v. Winn Dixie Stores, Inc., 241 Ga. App. 746, 747 ( 527 SE2d 36) (1999).
Viewed in the light most favorable to Crook, the evidence showed that, on March 29, 2000, Valerie Dorsett went to her job at the RaceTrac service station in Stockbridge. As co-manager of the station, Dorsett was responsible for conducting inspections of the property every two hours. These inspections included checking the parking lot, picking up trash, cleaning up spills, restocking paper products, and similar tasks. At 4:00 p.m., she inspected the area around the gas pumps and saw no spills. At approximately 4:30 to 4:45 p.m., Dorsett went outside to smoke a cigarette on the side of the building. She did not conduct an inspection of the property at that time and, because she was smoking, did not go near the gas pumps. She testified, however, that she did not see a gas spill at that time.
Sometime between 5:00 and 5:30 p.m., Denise Crook went to the station and parked near a gas pump. As she walked around her truck, she slipped and fell in a large puddle of gas, severely injuring her left knee. She filed a personal injury suit against the station. RaceTrac moved for summary judgment. The trial court granted the motion after finding that the company could not be charged with constructive knowledge of a hazard, since it had "reasonable inspection procedures in place that were followed at the time of this incident." The trial court's order, however, did not explain its implicit finding that the inspection program was reasonable as a matter of law.
On appeal, Crook contends the trial court erred when it granted RaceTrac's motion for summary judgment, arguing that a jury issue exists as to whether RaceTrac's two-hour inspection program was reasonable under the circumstances of this case. We agree and reverse the grant of summary judgment.
To prove negligence in a slip and fall premises liability case, the plaintiff must show (1) the defendant had actual or constructive knowledge of the foreign substance and (2) the plaintiff lacked knowledge of the substance or for some reason attributable to the defendant was prevented from discovering it. [Crook] presented no evidence that [RaceTrac] had actual knowledge of the hazard which caused her fall. To establish constructive knowledge, [Crook] must show that (1) a [RaceTrac] employee was in the immediate area of the hazard and could have easily seen the substance or (2) the foreign substance remained long enough that ordinary diligence by [RaceTrac] should have discovered it.
Because no [RaceTrac] employees were in the immediate area when [Crook] fell, she must use the second method of proving constructive knowledge. Constructive knowledge may be inferred when there is evidence that the owner lacked a reasonable inspection procedure. In order t
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