Hilliard v. Speedway Superamerica LLC

We review an order granting summary judgment in a trip and fall case, involving a step up to the door of a gas station. We hold that the affidavit of an expert which stated that failure to clearly delineate differences of elevation between the step and the driveway violates proper industry procedures, creates a material issue of fact as to whether there was negligence on the part of the owner. Therefore, we reverse.

The appellant parked in appellee’s gas station, purchased gas, and then entered the store to ask for directions. She had to step up onto the sidewalk to get into the store. As she…