Laine v. Speedway, LLC

Plaintiff-appellant Michael Laine slipped and fell on ice near a gas pump on the premises of a convenience store-gasoline station operated by the defendant-appellee, Speedway, LLC (“Speedway”). He was the driver of a Modern Maturity Center shuttle bus and slipped when he stepped off the shuttle to fill its tank with gasoline. The fall caused him to sustain serious physical injuries. The ice was caused by a light, freezing rain which was then falling. Laine filed suit against Speedway, alleging that negligence on Speedway’s part was the proximate cause of his injuries. The Superior Court granted summary judgment for Speedway, holding that under the “continuing storm” doctrine, Speedway was permitted to wait until the freezing rain had ended and a reasonable time thereafter before clearing ice from its gasoline station surface. This appeal raised two questions for the Delaware Supreme Court’s review: (1) should the Court continue to recognize the “continuing storm” doctrine; and (2) whether the doctrine applied to the facts of this case. After review, the Supreme Court concluded the continuing storm doctrine should continue to be recognized and that it did apply to the facts of this case. Therefore, the Court affirmed the Superior Court’s judgment. View "Laine v. Speedway, LLC" on Justia Law