Groleau v. Bjornson Oil Co., Inc., 2004 ND 55

Summary

The Supreme Court of North Dakota affirmed summary judgment dismissing Betty Groleau's premises-liability claims against Amoco because Amoco did not control the gas station premises. The court reversed summary judgment for Bjornson Oil, holding that genuine issues of material fact existed concerning whether the elevated gas-pump island was open and obvious under the surrounding circumstances. The case was remanded for further proceedings.

Holdings

1. Amoco did not owe Groleau a premises-liability duty because it lacked control over the premises. Its contractual control over its trade identities and branding approval did not establish control over the gas station property.
2. The island was not open and obvious as a matter of law on the summary-judgment record. Whether the condition and risk would have been apparent to a reasonable person under the circumstances was generally a fact question.
3. Summary judgment for Bjornson was improper because genuine issues of material fact remained concerning the obviousness of the raised island and whether Bjornson owed a duty to protect or warn Groleau.

Questions Presented

1. Whether Amoco had sufficient control over the gas station premises to owe Groleau a premises-liability duty.
2. Whether the raised gas-pump island was open and obvious as a matter of law, eliminating Bjornson's duty and justifying summary judgment.
3. Whether genuine issues of material fact concerning the island's visibility and surrounding circumstances precluded summary judgment.

Disposition

reversed_and_remanded