Don Cook v. Circle K Stores, Inc. d/b/a Circle K #3963, et al.

Summary

The United States District Court for the District of South Carolina considers Circle K Stores, Inc.'s motion for summary judgment in a premises-liability action arising from the plaintiff's alleged slip and fall on oil in a store parking lot. The court denies summary judgment on the negligence claim because factual disputes exist regarding constructive notice and whether the hazard was open and obvious, but grants summary judgment on the claim for punitive damages.

Holdings

1. Summary judgment was inappropriate because genuine disputes of material fact existed regarding the duration of the alleged oil hazard, which bore on Circle K's constructive notice, and whether the hazard was open and obvious.
2. Circle K was entitled to summary judgment on punitive damages because Cook did not present evidence from which a reasonable jury could find, by clear and convincing evidence, that Circle K acted willfully, wantonly, or in reckless disregard of his rights.

Questions Presented

1. Whether genuine disputes of material fact concerning the existence, duration, and obviousness of an oily condition in Circle K's parking lot precluded summary judgment on Cook's negligence claim.
2. Whether Cook presented evidence sufficient for a reasonable jury to award punitive damages.

Disposition

other