Richardson v. QuikTrip Corp.

PAUL M. SPINDEN, Chief Judge.

The majority correctly concludes that QuikTrip Corporation owed a duty of reasonable care to Margaret Richardson. The majority reaches the right result, but it does so on a “shotgun” analysis, calling it a “totality of the circumstances approach,” that is simultaneously too narrow and too broad. I write separately to identify the precise reason for my concurrence.

Because QuikTrip Corporation had “thrown open” its restrooms for the public’s use, Richardson was QuikTrip’s invitee when she entered the restroom on May 14, 1994. Carter v. Kinney, 896 S.W.2d 926, 928-29…