Quiktrip Corp. v. Fesenko

Pope, Presiding Judge.

We granted defendant Quiktrip Corporation’s (“Quiktrip”) application for interlocutory appeal in order to review the state court’s denial of its motion for summary judgment. Concluding that plaintiffs Tatiana Fesenko and her husband, Yuri Fesenko, have offered no evidence as to Quiktrip’s negligence and that plaintiff Tatiana Fesenko failed to exercise ordinary care for her own safety, we reverse.

Plaintiff Tatiana Fesenko went to buy gas at a Quiktrip store on August 1, 1993. She pulled her car up to a pump, got out of the car, and began to dispense $12 worth of fuel.…